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FTC says student loan debt “relief” companies relieved consumers of money, but didn’t live up to promises

Lesley Fair
Is there a family, community, or company not impacted by the national student loan debt burden, which currently totals about $1.75 trillion? Even more distressing is that a substantial chunk of that debt is already in default. The FTC has gone to court to challenge the conduct of two outfits that pitch allegedly bogus student loan repayment and forgiveness programs , in violation of the FTC Act, the Telemarketing Sales Rule, and the Gramm-Leach...

Keep an eye out for the FTC’s Eyeglass Rule workshop

Lesley Fair
All eyes will be on the FTC as the agency hosts a workshop on May 18th, A Clear Look at the Eyeglass Rule . Convened as part of the ongoing review of the Ophthalmic Practice Rules – consumers and industry members know it as the Eyeglass Rule – the half-day discussion will focus on issues central to the protections afforded by the Rule, including proposed changes that are under consideration. Check out the just-published agenda for the event. In...

Franchise Fundamentals: Researching franchise opportunities

Lesley Fair
No one would try to run a marathon with just a few days of preparation. It takes months of rigorous training before you can step up to the starting line with confidence. Of course, the process of studying, selecting, opening, and operating a franchise can make a marathon feel like a stroll in the park. In the second of our Franchise Fundamentals blog series, we take a closer look at the extensive research “road work” prospective franchisees...

The Luring Test: AI and the engineering of consumer trust

Consumer Alert
Michael Atleson, Attorney, FTC Division of Advertising Practices
In the 2014 movie Ex Machina , a robot manipulates someone into freeing it from its confines, resulting in the person being confined instead. The robot was designed to manipulate that person’s emotions, and, oops, that’s what it did. While the scenario is pure speculative fiction, companies are always looking for new ways – such as the use of generative AI tools – to better persuade people and change their behavior. When that conduct is...

Franchise Fundamentals: Debunking five myths about buying a franchise

Lesley Fair
For many people, buying a franchise has proven to be a good choice, but like any other financial decision, there is no one-size-fits-all answer to the question “Is a franchise right for me ?” Buying a franchise involves a major financial outlay and owning one often requires an “all in” lifestyle commitment. If you’re thinking about whether your future could be in a franchise, follow the FTC Business Blog for a series we ’re calling Franchise...

A required action after refraction: FTC staff sends cease and desist letters about Eyeglass Rule compliance

Lesley Fair
FTC staff has a prescription for certain eyewear prescribers: It’s time to focus on complying with the FTC’s Eyeglass Rule. Cease and desist letters went to 37 prescribers about whom the FTC received complaints of alleged violations of the Rule. The concerns? Did the office fail to automatically provide a patient with their eyeglass prescription immediately upon completion of their eyeglass exam? And did the office require the patient to pay a...

The 411 about FTC-Florida AG action against Chargebacks911

Lesley Fair
When consumers dispute the validity of a credit card charge, merchants may hire a “chargeback mitigation company” to dispute the consumer’s dispute. That’s the business of a company called Chargebacks911 – and the FTC and the Florida Attorney General have gone to court alleging the company is unfairly thwarting consumers’ efforts to challenge what consumers believe to be charges stemming from fraud, illegal business practices, or other...

Steering clear of misleading Made in USA claims

Lesley Fair
Using their own colorful vocabulary, motocross devotees do their best to distance themselves from flat landing, roosting, and whiskey throttle. Something else many motocross, motorcycle, and all-terrain vehicle fans want to avoid: parts and equipment made in other countries , but imported into the United States already packaged with false “Made in USA” labels. That’s what the FTC alleges that North Carolina-based Cycra did , in violation of the...

Advertising without proper proof can prove costly under new Notice of Penalty Offenses

Lesley Fair
To borrow a phrase the Supreme Court coined in a different context, if there is a “fixed star” in the consumer protection constellation, it’s the advertising substantiation doctrine. In place for decades and explained in a 1984 Policy Statement , the underlying legal requirement is clear: companies must have a reasonable basis to support their advertising claims before those claims are disseminated. Multiple litigated decisions have added detail...

Funeral provider to post key information on its website, due to FTC settlement

Lesley Fair
For grieving consumers who have to make funeral or cremation arrangements for loved ones in other parts of the country, the internet can ease the burden of long-distance logistics – but not if companies violate the law. Last year, the Department of Justice filed suit on the FTC’s behalf, charging that Legacy Cremation Services, owner Anthony Joseph Damiano, and related companies targeted the bereaved with practices that violated the FTC Act and...