Blog

Remember the old Superman movie where the Man of Steel squeezed carbon in his hand to create a diamond? That’s not how it’s done, but these days not everything sparkly comes from a mine. In addition to mined diamonds, consumers can choose simulated diamonds or diamonds created in a laboratory. What matters to consumers – and the FTC – is that companies accurately describe what they’re selling. In July 2018, the FTC issued updated its Guides for...

To many Americans, the phrase “We support our troops” is more than just a bumper sticker. They put their money where their heart is and contribute to organizations that benefit members of the military – or police officers, first responders, or others who serve. Their generous intent shouldn’t be undermined by sham charities that allocate the lion’s share of donations not to promised services, but to telemarketing, salaries, and other overhead...

It’s an illegal practice the FTC has challenged for decades: companies convincing consumers to pay for “repairs” on products that don’t really need fixing. The FTC alleges that Office Depot and service vendor Support.com engaged in a 21st century version of that misleading tactic. According to the complaint, the defendants tricked customers into spending millions on repairs by deceptively claiming they had found malware symptoms or infections on...

The FTC focuses most of its time and attention on protecting consumers and promoting competition. Every so often, we stop and take stock. For example, check out our just-released Annual Highlights for a detailed round-up of some of the FTC’s 2018 consumer protection accomplishments. Giving back. One of the most noteworthy gains for consumers is the FTC’s settlement with MoneyGram. The complaint charged that MoneyGram didn’t live up to its...

The FTC just announced developments in the ongoing fight against illegal robocalls. “But my company would never place illegal robocalls,” you say. Glad to hear it, but there are four reasons why reputable businesses should still take note when the FTC brings actions against robocallers. Reason #1 – Robocallers have small businesses in their sights. Case in point: the FTC’s action against Point Break Media and a host of affiliated companies and...

Word has it there’s been some confusion as to whether the FTC’s “Lighting Facts” label requirements are still in place. So we thought it would be a good idea to shed some light on the issue. The FTC’s requirements at 16 C.F.R. Part 305 still apply and, what’s more, nothing has changed: The FTC’s black and white Lighting Facts labels, like the one below, must still appear on packages for general service lamps and specialty consumer lamps...

Designing effective merger remedy orders is one of the Commission’s most important tasks. An effective merger remedy prevents the merger from causing harm. For many years – ever since our 1999 Divestiture Study identified a number of factors that caused remedies to fail – the Bureau of Competition has strongly favored divesting assets to an upfront buyer. Plainly put, while no approach is foolproof, divesting assets to an upfront buyer has been...

If you sell genetic testing kits to consumers, you’re probably familiar with the Genetic Information Nondiscrimination Act (GINA), which prohibits discrimination on the basis of genetic information under some circumstances. You’re also familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects health information collected by certain types of entities. Then there are laws enforced by the FDA and the Centers for...

First, the bad news: That nifty purchase needs a repair. Now the good news for consumers: It’s still under warranty. But where can they go to get it fixed? Can the manufacturer restrict a consumer’s ability to go to the independent repair shop of their choice? Can the manufacturer use glue, non-standard screws, and proprietary diagnostic software that make it difficult for independent repair shops to fix things? Do limitations like these affect...

Looking to take a deep dive into the breadth and depth of the FTC’s approach to consumer privacy and data security in the past year? The FTC’s website, including the Business Center, has what you need. But what if you or your clients prefer an at-your-fingertips digest of developments in 2018? We’re got that covered, too. The FTC just issued its 2018 Privacy and Data Security Update – a compendium for attorneys, business executives, and others...