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SCENE: A crowded city or a dark street. (Cue ominous music) The camera focuses on the protagonist as they make their way to a location – maybe it’s a place of worship, a doctor’s office, or a reproductive health clinic. They think they’re alone, but what they don’t know is that they’re being tailed. What’s more, highly personal information regarding their whereabouts will be shared with third parties, all without their knowledge or consent.

It should come as no surprise that companies and individuals that knowingly possess documents and information that may be relevant to an antitrust investigation must maintain that information under federal law and Commission rules. The responsibility to preserve documents exists across all types of media. As workplaces have evolved, so too have the means by which workers communicate and collaborate. In many of today’s companies, hard-copy...

Data is at the heart of AI development. Developing AI models can be a resource intensive process, requiring large amounts of data and compute, [1] and not all companies have the capacity to develop their own models. Some companies, which we refer to as “model-as-a-service” companies in this post, develop and host models to make available to third parties via an end-user interface or an application programming interface (API). For example, a...

Thanks to improvements in text-to-speech AI, voice cloning holds promise for consumers, but scammers often find a way to twist tech advancements for their nefarious purposes – and voice cloning is no exception. Announced in November, the goal of the FTC’s Voice Cloning Challenge is to encourage breakthrough ideas to help monitor, evaluate, and prevent malicious voice cloning. You have until 8:00 PM Eastern Time on January 12, 2024, to file your entry.

Companies selling genetic testing products tout the benefits of DNA-based insights – learning more about health, lineage, family tree – so that consumers can seek medical attention, customize their diet or exercise regimen, find long-lost relatives, or understand more about their background. But for consumers to realize benefits from DNA-based products or services, consumers need to be able to trust their accuracy – and trust that the company’s practices related to the DNA of privacy (data minimization, purpose limitations, retention limits, etc.) will protect the privacy of their DNA. Here are some lessons on privacy, data security, truth in advertising, and artificial intelligence (AI) drawn from a trio of FTC enforcement actions involving sellers of genetic testing products.

Buying a vehicle is a major financial commitment for consumers and price is a material consideration in most people’s purchase decision. That’s why deceptive double charges, illegal junk fees, and bogus add-ons hit car buyers head-on. The FTC and the State of Connecticut allege that Chase Nissan LLC – which also does business as Manchester City Nissan – has engaged in deceptive and unfair practices involving “certified” used cars, junk fees, and add-ons consumers didn’t agree to pay for.

Technically we can’t categorize these notable FTC staff publications of 2023 as “best sellers” because they’re available at no charge. But we can say that “best sellers” – our description of law-abiding advertisers, marketing professionals, and the attorneys who represent them – make it a habit to read the FTC’s to-the-point business publications and follow the advice they offer. To count yourself among the better sellers of 2024, consider...

According to a five-count complaint filed against Grand Canyon Education, Inc., Grand Canyon University, and Brian E. Mueller, the FTC alleges the defendants misrepresented Grand Canyon University as a nonprofit institution, made misleading claims about the cost and course requirements of its doctoral programs, and engaged in deceptive and abusive telemarketing practices, in violation of the FTC Act and the Telemarketing Sales Rule.

If you’ll be seeing college-age relatives over the holidays, warn them about a variation on the “job interview” scam that students looking for summer or permanent employment have reported to us. And warn your human resources staff that crooks may be misusing your company name as part of the scheme. Virtual job scams are nothing new, but they’ve taken a personal – and persuasive – turn. College students report they’ve been contacted on social...

Rushing to file your public comment about the FTC’s proposed Junk Fees Rule by the impending deadline? Relax. The FTC has extended the comment period to February 7, 2024.