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Commenting on accuracy in consumer reporting? Take a breather.

Lesley Fair
In conjunction with the recent Accuracy in Consumer Reporting workshop, the FTC and CFPB have asked for public comments. The agencies are looking for feedback about issues affecting the accuracy of both traditional credit reports and employment and tenant background screening reports. But if you thought you had to burn the midnight oil over the holidays to file a timely comment, here’s some good news. The FTC and CFPB have extended the deadline...

Our favorite things

Lesley Fair
Far be it from us to compete with a certain celebrity’s Favorite Things. But with gift-giving season upon us, here are our favorite things – and you can’t beat the price. For Mom. Moms can be difficult to shop for, but there’s a gift we know she’ll love: fewer annoying robocalls. Help her ring in the season by reducing the ring of those exasperating – and illegal – intrusions. Give her tips on stopping unwanted calls. No gift wrap necessary! For...

Pump fiction? FTC challenges claims for fuel cards

Lesley Fair
Everyone wants to save money at the pump. And no one wants to cut fuel costs more than companies – including many small businesses – that are in the trucking industry or have company cars. The FTC just filed a complaint alleging that Georgia-based FleetCor Technologies has made misleading representations in pitching its “Fuelman” and co-branded fuel cards to businesses around the country. According to the complaint, FleetCor hasn’t lived up to...

$191 million FTC settlement with University of Phoenix addresses deceptive employment claims

Lesley Fair
When a person is juggling job responsibilities and other commitments, why take on the extra effort of enrolling in college? As University of Phoenix’s market research revealed, career opportunities are the major motivator. That’s why University of Phoenix, a for-profit post-secondary school, created its “Let’s Get to Work” marketing campaign. The ads – some of which specifically pitched members of the military – prominently name-dropped employers...

COPPA comment deadline extended to December 11th

Lesley Fair
The FTC has extended the deadline for filing comments as part of its review of the Children’s Online Privacy Protection Act (COPPA) Rule. You now have until 11:59 PM Eastern Time on Wednesday, December 11, 2019. Comments were supposed to be due on December 9th, but the Regulations.gov portal was temporarily down. That’s why the FTC is giving people more time to file. If you’re unable to post an online comment on Regulations.gov, send it via email...

Accuracy in credit and background screening reports: Watch the webcast

Lesley Fair
“Accuracy” is the linchpin of the Fair Credit Reporting Act and it’s the topic of an FTC-CFPB workshop today. Industry representatives, consumer advocates, law enforcers, and others will discuss accuracy considerations both in traditional credit reporting and in employer and tenant background screening reports. The webcast will go live minutes before the 9:00 ET start time. We’re also live tweeting the event from the FTC’s Twitter page ( @FTC)...

Sign of the times? Protecting your company from B2B deception

Lesley Fair
They may look like invoices sent to business owners for posters they may need to display in the workplace. But we think of them as unvoices – deceptively worded solicitations that tried to sell companies posters that are readily available for free. A law enforcement action just settled by the FTC and Florida Attorney General offers tips on protecting your business from this form of B2B deception. According to the FTC and AG, four defendants with...

The closest competitor is not the only competitor

Stephen Mohr, Bureau of Competition
More and more, merging parties argue that their merger does not raise competition concerns because they are not each other’s closest competitors. Parties have advanced this argument even in markets where there will be only two or three remaining firms post-transaction, including the merged firm. This argument is not new, and it often misunderstands merger analysis. For any merger involving direct competitors – firms that are actively bidding...

Joint venture? FTC challenges arthritis pain relief claims

Lesley Fair
The sellers of Synovia claimed their dietary supplement “paves the pot holes” in joints damaged by arthritis. But an FTC lawsuit alleges the primary pot holes were in the company’s purported proof, which left consumers streamrollered by false and deceptive advertising claims. Colorado-based A.S. Research and owners Stephen J. Young and Michael K. Ledeboer promoted Synovia in newspaper ads, online, and in direct mail “magalogs” – multipage...

Commission issues opinion in Cambridge Analytica case

Lesley Fair
There are foundational consumer protection principles that bear repeating whenever the opportunity arises. The FTC’s just-announced decision in the Cambridge Analytica case offers just such an opportunity. You’ll want to read the complaint to get the full picture, but here are some salient facts. In late 2013 or early 2014, Cambridge Analytica – which described itself as a “data-science consultancy and marketing agency” – learned of research...