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FTC to mattress companies: Don't pad your green claims

Lesley Fair
If you or your clients make environmental marketing claims, don’t sleep on three actions the FTC just announced against companies that sell mattresses. What's more, the pleadings in one case offer insights into a course of conduct advertisers should avoid in the use of seals and certifications. According the FTC’s lawsuit against Relief-Mart, based in Westlake Village, California, the company advertised its Biogreen memory foam mattresses without...

When all is said and dun: Record-setting penalty for debt collection violations

Lesley Fair
"You’ve reached the FTC. Sorry we’re not able to take your call right now. But if you’re Expert Global Solutions — the biggest debt collection operation in the world — please pay a $3.2 million civil penalty, the largest ever from a third-party debt collector, and start honoring the terms of the Fair Debt Collection Practices Act. Oh, and at the sound of the tone, please don’t leave a voicemail illegally disclosing that a person owes money." BEEP...

FTC's record-setting Do Not Call settlement: 4 tips for business and one candid suggestion

Lesley Fair
Yesterday’s 10th anniversary of the National Do Not Call Registry was a good time to reflect on a decade of progress. But to paraphrase Thomas Jefferson (or Patrick Henry, Irish statesman John Philpot Curran, or whoever else said it), eternal vigilance is the price of an uninterrupted dinner hour. A record-setting $7.5 million settlement with a national mortgage broker demonstrates the FTC’s commitment to the fight against illegal telemarketing...

FCRA's Furnisher Rule: It's all about accuracy and integrity

Colleen Tressler
If you report information about consumers to consumer reporting agencies (CRAs) — like a credit bureau, tenant screening company, or check verification service — you have legal obligations under the Fair Credit Reporting Act's Furnisher Rule. The FTC enforces the rule, and has guidance about your responsibilities to furnish information that's accurate and complete, and to investigate consumer disputes about the accuracy of information you provide...

Last resort

Lesley Fair
Three FTC cases, 83 civil actions brought by 28 states, more than 184 defendants facing criminal charges in cases filed by federal and local prosecutors, and 25 actions brought by agencies in 10 other countries. If you’re unclear on whether law enforcers are presenting a united front against travel-related fraud, then we have some oceanfront property to sell you. One of the scams targeted by the latest law enforcement sweep involves bogus offers...

Calling all cards

Lesley Fair
We’ve been saying it for years: “What the headline giveth, the footnote cannot taketh away.” The same holds true for the dense block of text, the hidden-away reverse side, the vague hyperlink, or any other place the FTC has warned advertisers may not meet the standard for “clear and conspicuous” disclosure. A recent settlement involving long distance phone cards emphasizes what’s not so fine about fine print. DR Phone Communications markets and...

Mo' bill messaging

Lesley Fair
We can’t figure out why Hollywood hasn’t returned our call, but here's a great idea for an action movie. FTC attorneys go to court to stop a company from illegally billing people for text message-based subscription services they never asked for and didn’t authorize. We even have a can’t-miss title: Crambo. Maybe our proposed remake is a little light on the headbands and camouflage, but we think it’s a compelling story nonetheless. Cramming —...

Faux claims for faux fur

Lesley Fair
In some ways, think of it as “faux faux fur.” No, that’s not a typo. It’s what results when national retailers advertise items of apparel as fake fur, when in fact, they contain, well, fur. Those are just some of the allegations in recent FTC complaints against The Neiman Marcus Group, Inc., DrJays.com, Inc., and Eminent, Inc. (which shoppers may know as Revolve Clothing). Some consumers like fur products. Others make a conscious choice not to...

FTC Reboots .com Disclosures: Four Key Points and One Possible Way to Bypass the Issue Altogether

Lesley Fair
We asked how the FTC’s 2000 staff guidance document Dot Com Disclosures was working for you, and you said it was due for some updating. After hosting a workshop and receiving stacks of written feedback, the FTC has issued a revised version, renaming it .com Disclosures: How to Make Effective Disclosures in Digital Advertising. You’ll want to read it in depth to see how it will affect your company, but the new title is a tip-off: .com Disclosures...

Screen regs and spam?

Lesley Fair
Do you like them on the screen Of your mobile phone machine? I do not like text message spam. I do not like them, Sam I am. Fighting back against text message spam isn’t child’s play, and consumers have sent the strong message they’re not fans of unsolicited texts — especially ones conveying deceptive claims. A series of law enforcement actions just filed by the FTC drives that point home and represents the latest move against misleading...