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The Ab Circle Pro case: A gut check for marketers

Lesley Fair
The FTC’s multimillion dollar settlement involving the Ab Circle Pro exercise device is great news for consumers. But what does it say to businesses? Inc.-orporate compliance. Yes, there are good reasons why business people incorporate their ventures, but that “Inc.” after a company’s name doesn’t shield you from individual liability under the FTC Act. In appropriate cases, the FTC will name key players to make sure an order will be effective in...

Phenomenal abdominals? Not so fast, Ab Circle Pro.

Lesley Fair
If you haven’t heard of the Ab Circle Pro, you need to spend more time in your recliner. Between the infomercial blitz, the online presence, and a retail campaign that promoted the product with a prominent “As Seen on TV” logo, ads were everywhere. The marketers claimed that using the device for just three minutes a day would lead to a 10-pound weight loss in two weeks and inches off the stomach, hips, and thighs — benefits equal to or better...

Sports concussion prevention claims: What marketers need to know

Lesley Fair
Whether you’re a full-pads athlete or a quarterback of the Monday morning variety, you’ve read reports about sports-related concussions. But before marketing a product advertised to reduce the risk of those injuries, businesses should take a careful look at the FTC’s settlement with Pennsylvania-based Brain-Pad, Inc. Brain-Pad markets mouth guards with the promise that they'll provide protection from concussions. Ads say the products will...

Track afield: What the FTC's Google case means for your company

Lesley Fair
After two weeks of talk about track, the trending topic is track ing, including the FTC’s $22.5 million settlement with Google for violating an earlier order. Google told users of the Safari browser it wouldn’t place tracking cookies or serve them targeted ads, but the FTC charged that the company’s tracking practices went far afield of its claims. Of course, the terms of that settlement apply just to Google, but there’s a lot savvy executives...

Milking cookies: The FTC's $22.5 million settlement with Google

Lesley Fair
There’s been a lot of talk about breaking records these past few weeks. But here’s one you won’t see on the sports pages: the FTC’s $22.5 million settlement with Google, the largest civil penalty ever against a single defendant. The penalty stems from FTC charges that Google didn’t give users of Apple’s Safari Internet browser the straight story about the use of tracking cookies. That, says the FTC, violated the terms of Google’s 2011 privacy...

Where HireRight Solutions went wrong

Lesley Fair
Most job seekers are familiar with the basics: Wear a clean shirt, extend a firm handshake, and don’t ask about vacations in the first 10 minutes of the interview. But these days more businesses are digging deeper. Tulsa-based HireRight Solutions is a background screening company that thousands of employers use to check out current employees and people applying for jobs. When it comes to Fair Credit Reporting Act compliance, the FTC says...

In praise of Toby Flenderson

Kate Resnevic and Lesley Fair
HR could use better PR. Say "human resources" and some people think of Dunder Mifflin’s joy-deficient Toby Flenderson from "The Office." But you know better and appreciate the job your HR team does to keep your organization up and running. They're also a critical line of defense between your company and the onslaught of data thieves and scammers. The BCP Business Center has a special page to make their job a little easier. Why should HR be a part...

Court finds litany of violations in alcoholism "cure" case

Lesley Fair
People who signed up with the Jacksonville-based Alcoholism Cure Corporation were promised a “scientifically proven” program that “cures alcoholism while allowing alcoholics to drink socially.” What they got was a shopping list, instructions to take handfuls of unproven supplements, and a particularly troubling surprise when they tried to cancel their membership. A recent ruling by a federal judge upheld FTC and Florida AG allegations that when...

Fineprint footnotes: Kryptonite for advertisers?

Lesley Fair
Remember the character from the Superman comic books who was the exact opposite of the Man of Steel? He said no when he meant yes, his alter ego went by the name "Kent Clark," and was part of the Injustice League of America. It made for fun reading, but you wouldn’t want him crafting your ad claims. According to the FTC’s lawsuit against DR Phone Communications, promotional materials for the company’s long distance calling cards said one thing —...

Check that check

Colleen Tressler & Karen Hobbs
At the BCP Business Center, we offer tips on how to stay on the right side of the law. But we also do our best to spread the word about the latest frauds targeting businesses — and this one’s a piece of work. If your company accepts checks or online payments, you’ll want to be on the look-out for a scam that could leave you with a stack of worthless paper. Here’s what’s happening: In exchange for a fee and some personal information, fraudsters...