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Working Better Together Volume One: Advancing Both Consumer Protection and Antitrust Enforcement to Protect all Americans from Corporate Bad Actors

Holly Vedova and Samuel Levine
The FTC was created to act as a guardian of fair markets, armed with broad authority to ensure our economy is one in which consumers, workers, and honest businesses can thrive. Chair Khan is committed to realizing that vision of an agency that takes on problems holistically, rather than from a consumer protection or competition lens alone. This means ensuring that the Commission’s two enforcement bureaus – the Bureau of Competition and the Bureau...

Protecting Americans at the gas pump through aggressive antitrust enforcement

Holly Vedova, Bureau of Competition
The FTC is committed to policing gasoline and diesel markets to protect the American public against illegal acts. Given high prices at the pump these days, the Bureau of Competition is redoubling its commitment to police unfair methods of competition in wholesale and retail gasoline and diesel sales. Chair Khan recently sent a letter outlining the ways in which the FTC is stepping up its investigative efforts in gasoline markets. First, the...

FTC to companies making questionable diabetes claims: Cease and desist now

Samuel Levine, Acting Director, FTC Bureau of Consumer Protection
According to the CDC, more than 34 million Americans have diabetes. To put a human face on that public health statistic, 1 in 10 people at your company, friends in your neighborhood, and members of your extended family struggle with a disease that could threaten their lives. The uninsured, those with high-deductible health plans, and lower-income consumers face another challenge that makes managing diabetes even more difficult: the high cost of...

NIST workshop considers improvements to labeling for Internet of Things products and consumer software

Lesley Fair
The Nilsson song “Everybody’s Talking” has withstood the test of time and now could refer to the host of smart household products that communicate with consumers – and often with each other. But are companies protecting the security of consumer information they collect or maintain? A May 2021 Executive Order directed the National Institute of Standards and Technology (NIST) – in coordination with the FTC and other agencies – to initiate two...

Protecting your business in the wake of a natural disaster

Lesley Fair
If your company is facing the fall-out from Hurricane Ida, flooding in Tennessee, western wildfires, or any other natural disaster, your employees are looking for help in the recovery process – and you’re looking to make a safe return to business. But as flood waters recede, dangerous predators can spring to the surface: scammers targeting people and small businesses trying to get back on their feet. Here are ways to avoid common post-disaster...

FTC action against stalkerware app SpyFone and CEO Scott Zuckerman underscores threats of surveillance businesses

Lesley Fair
By installing an app called SpyFone onto the device of an unsuspecting person, a user could stealthily track their target’s email, photos, contacts, calendars, web history, and even location. Support King, LLC, and CEO Scott Zuckerman marketed SpyFone as a way to monitor the activities of children and employees, neglecting to take action to prevent stalkers and domestic abusers from using the illegal secret surveillance effectuated by the company...

Reforming the Pre-Filing Process for Companies Considering Consolidation and a Change in the Treatment of Debt

Holly Vedova, Bureau of Competition
As the FTC continues to experience a massive surge in planned merger deals, we are looking at every step of the merger filing process to identify ways to streamline and maximize our efficiency. Under the Hart-Scott-Rodino Act (“HSR” or the Act), companies are required to file notice of mergers over a certain size before they can close the deal. This is not an application process – it is for law enforcement purposes. The HSR Act does not require...

Letter from Acting Director of the Bureau of Consumer Protection Samuel Levine to Facebook

Samuel Levine
Today, Acting Director of the Bureau of Consumer Protection Samuel Levine sent the following letter to Mark Zuckerberg concerning Facebook’s misleading claims regarding the company’s consent decree with the FTC : Dear Mr. Zuckerberg: I write concerning Facebook’s recent insinuation that its actions against an academic research project conducted by NYU’s Ad Observatory were required by the company’s consent decree with the Federal Trade Commission...

Businesses: Phishing scheme targets unemployment benefits, PII

Seena Gressin
Have you or one of your employees received an alarming text message about unemployment insurance benefits from what seems to be your state workforce agency? You’re not alone. Identity thieves are targeting millions of people nationwide with scam phishing texts aimed at stealing personal information, unemployment benefits, or both. The phishing texts try to dupe the recipient to click a link to “make necessary corrections” to their unemployment...

Adjusting merger review to deal with the surge in merger filings

Holly Vedova, Bureau of Competition
Given the recent surge in merger filings, the FTC is reviewing its processes to determine how best to use its limited resources. The FTC reviews mergers per the Hart-Scott-Rodino (HSR) Act, which requires that companies provide the FTC and Department of Justice with advance notice of certain transactions above a certain threshold. ( The current minimum size-of-transaction threshold is $92 million .) After the merging parties submit a filing with...