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Lights up for the FTC’s Dark Patterns workshop

Lesley Fair
What’s that illumination you see just ahead? It’s the FTC’s virtual workshop Bringing Dark Patterns to Light , beginning this morning at 10:30 Eastern Time. You can watch the webcast from a link on the event page , which will go live minutes before the start. Bringing Dark Patterns to Light will focus on interface designs used on websites and apps that can have the effect – intentionally or unintentionally – of obscuring, subverting, or impairing...

Corporate boards: Don’t underestimate your role in data security oversight

Jared Ho
For businesses in the middle of a global pandemic, there’s no such thing as “business as usual.” The percentage of Americans working remotely has grown substantially, now reportedly up to 33% of the U.S. workforce. Accompanying that seismic shift have been increased security threats to data, with one analysis reporting that over 36 billion online records were exposed in the first half of 2020 alone. Consumers whose lives have been upended by...

FTC says Yellowstone wasn’t faithful to claims it made to small businesses

Lesley Fair
Yellowstone – the majestic national park – is known for Old Faithful, roaming bison, and vistas to take your breath away. According to a 2020 FTC complaint, Yellowstone – the merchant cash advance provider – was unfaithful to its promises, buffaloed small business owners, and made illegal withdrawals that took their cash away. A settlement will return more than $9.8 million to customers and includes injunctive provisions to change how Yellowstone...

Aiming for truth, fairness, and equity in your company’s use of AI

Elisa Jillson
Advances in artificial intelligence (AI) technology promise to revolutionize our approach to medicine, finance, business operations, media, and more. But research has highlighted how apparently “neutral” technology can produce troubling outcomes – including discrimination by race or other legally protected classes. For example, COVID-19 prediction models can help health systems combat the virus through efficient allocation of ICU beds...

First FTC case filed under new COVID-19 Consumer Protection Act

Lesley Fair
Congress passed a law in December 2020 – the COVID-19 Consumer Protection Act – that imposes monetary penalties on violators. The Department of Justice and the FTC just brought their first action under the statute , alleging that a Missouri chiropractor and his company violated both the new law and the FTC Act by deceptively marketing vitamin D and zinc products to treat or prevent COVID-19. You’ll want to review the provisions of the statute (it...

Holding fast to the protections of the Holder Rule

Lesley Fair
The FTC’s long-standing Holder Rule requires businesses to include a special notice in credit contracts that gives consumers certain protections. Today, a Staff Note reiterates the Commission’s determination that the Rule applies regardless of the size of the transaction – and corrects some staff guidelines published in 1976. The Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses – the Holder Rule – protects consumers...

Physician Group and Healthcare Facility Merger Study

Michael G. Vita, Deputy Director Research and Management, Bureau of Economics
On January 14, 2020, the Federal Trade Commission (FTC) ordered six insurance companies to provide information that will allow the agency to study the effects of consummated physician group and healthcare facility mergers that occurred from 2015 through 2020. The studies that the FTC’s Bureau of Economics (BE) will conduct with this data will add to BE’s already substantial body of research analyzing the competitive consequences of mergers via...

Asking for your insights into digital dark patterns

Lesley Fair
Have you marked your calendar for April 29, 2021, to attend Bringing Dark Patterns to Light: An FTC Workshop ? The virtual event will examine digital “dark patterns,” potentially deceptive or unfair user interfaces on websites and mobile apps. In addition to your participation, the FTC is asking for research and public comments on topics related to the workshop. Consumers who have found unwanted items in their online shopping carts or who have...

A look back at post hoc analysis

Lesley Fair
People who claim that hindsight is 20/20 probably weren’t talking about the post hoc evaluation of clinical testing. That’s an alleged flaw the FTC challenged in purported substantiation submitted by the marketers of Hepaxa and Hepaxa PD, fish oil products advertised as clinically proven to treat liver disease in adults and children. In addition to injunctive provisions, the proposed settlement includes a financial remedy of $416,914. According...

A word to landlords about eviction moratoriums

Lesley Fair
According to a recent CFPB report , the pandemic has left more than 8.8 million consumers behind on their rent. Tenants at risk of homelessness are disproportionately people of color, primarily Black and Hispanic families. Federal, state, and local governments, including the CDC, have put temporary holds on evictions for non-payment of rent – a measure proven to help stop the spread of COVID-19. If you work in the housing sector, you’ll want to...