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Behind the FTC’s Inquiry into Surveillance Pricing Practices

FTC Staff
For thousands of years, from ancient Mesopotamian markets to the modern-day yard sale, sellers have set their prices based, in part, on who was buying. In these transactions, prices can be targeted based on information the seller has about that customer, like their home address, their shopping history, or demographic makeup. Technology has boosted sellers' ability to gather consumer data en masse. Early market research firms developed “Audimeters...

How is a student debt relief outfit allegedly misleading consumers? Let us count the ways.

Lesley Fair
Meet smiling social worker Ana Rojas. According to social media posts by USA Student Debt Relief, the company was able to reduce payments on her $200,000 student loans from $1300 a month for 28 years to just $417 a month for eight years. Posts featuring attorney Jorge Florez touted similar successful results by working with USA Student Debt Relief. But according to an FTC complaint filed in federal court in Florida, “Ana” and “Jorge” aren’t real customers of the company – their smiling faces are stock photos – and the repayment scenarios the posts describe aren’t attainable. What’s more, the FTC says those alleged untruths are just the tip of USA Student Debt Relief’s iceberg of deceptive practices.

Bait, switch, hitch, and which? FTC and Arizona AG challenge car dealers’ alleged deceptive and discriminatory practices

Lesley Fair
Consumer protection enforcers have challenged bait-and-switch tactics for years. But a complaint filed by the FTC and the Arizona Attorney General against Tempe-based Coulter Motor Company and former General Manager Gregory Depaola alleges the defendants engaged in illegal conduct that could be more accurately described as bait, switch, hitch, and which? – in other words, deceptive advertising, hiked prices, unauthorized add-ons, and discriminatory practices targeting Latino consumers. The proposed settlement, which includes a $2.6 million financial judgment, is designed to replace those tactics with two other rhymed imperatives: abate, stop illegal conduct immediately, and elevate, raise your business practices now and in the future.

Warning to companies selling cannabis edibles packaged like snacks popular with kids: Put safety over sales

Lesley Fair
The packages look like candy and snacks that kids like – for example, Double Stuf Oreos, Jolly Ranchers, and Chips Ahoy! cookies. But what’s inside are cannabis edibles containing Delta-8 tetrahydrocannabinol (THC), products that children most definitely shouldn’t be eating. The FTC and FDA just sent joint cease-and-desist letters to five companies selling edibles masquerading as popular snacks. The letters cite chapter and verse from the FTC Act and the Federal Food, Drug, and Cosmetic Act, but the overarching message is unmistakable: Stop it now.

On Open-Weights Foundation Models

Staff in the Office of Technology
The history of traditional open-source software provides a vision of the value that could result from the availability of open-weights AI models – including enabling greater innovation, driving competition, improving consumer choice, and reducing costs. Understanding these models, including their upsides and risks, can help realize potential competition benefits and avoid consumer harm. [1] Open-source software (OSS) has provided significant...

Anonymous messaging app targeting teens: Read the disturbing allegations in FTC and Los Angeles DA action against NGL

Lesley Fair
An anonymous messaging app marketed to kids and teens: What could possibly go wrong? A lot, allege the FTC and the Los Angeles District Attorney’s Office. A complaint against NGL Labs and founders Raj Vir and Joao Figueiredo alleges violations of the FTC Act, the Children’s Online Privacy Protection Rule (COPPA), the Restore Online Shoppers’ Confidence Act (ROSCA), and the California Business and Professions Code. The company also made AI-related claims the complaint challenges as deceptive. The $5 million financial settlement merits your attention, but it’s the permanent ban on marketing anonymous messaging apps to kids or teens that’s particularly notable.

Warranty warnings: Don’t interfere with consumers’ right to repair

Lesley Fair
The Nixing the Fix Report to Congress, the Commission Policy Statement on Repair Restrictions Imposed by Manufacturers and Sellers, and law enforcement actions against companies charged with illegally restricting customers’ right to repair should make the FTC’s position on the subject clear: Consumers deserve choices when it comes to repairing their products, and independent dealers and repair shops should have a fair chance to compete for their business. FTC staff just sent warning letters to eight companies, raising concerns about whether their practices are hindering consumers’ right to repair their products and reminding them of their obligations under the Magnuson-Moss Warranty Act and the FTC Act. Is it time for a Magnuson-Moss compliance check at your company?

Avoid fireworks: Look to the FTC for help with your Made in USA claims

Julia Solomon Ensor
Regular readers know that when it comes to false “Made in USA” claims, the FTC means business. Lying about product origin hurts consumers, honest businesses, and American workers. That’s why we keep suing companies that don’t play by the rules, assessing penalties where appropriate, and returning money to consumers when we can.

Gig work company to pay $7 million to settle FTC charges involving deceptive earnings claims and Business Opportunity Rule violations

Lesley Fair
Many people appreciate the flexibility of gig work. But if your company offers gig work opportunities, there’s one thing that isn’t flexible: your obligation to comply with established consumer protection laws, including the FTC Act and – where applicable – the Business Opportunity Rule. That’s a key takeaway from the FTC’s $7 million proposed settlement with Arise Virtual Solutions. The case also serves as a compliance reminder to the more than 1,100 companies – including Arise – that received the FTC’s Notice of Penalty Offenses Concerning Money-Making Opportunities that violations can prove costly.