Blog

They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield. Consumer privacy. The FTC’s $5 billion enforcement action against Facebook made history and headlines, but the...

When Chairman Simons and I arrived at the FTC, one of our first priorities was to strengthen the FTC’s orders in data security cases. We’ve already made three major changes that improve data security practices and provide greater deterrence, within the bounds of our existing authority. Since the early 2000s, our data security orders had contained fairly standard language. For example, these orders typically required a company to implement a...

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...

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...

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...

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...

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” 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)...

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...

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...