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As antitrust practitioners know, parties to certain mergers and acquisitions are required to submit premerger notification forms that disclose information about their proposed deal and business operations to the FTC and DOJ’s Antitrust Division. By now, everyone has heard the news that the Commission voted unanimously to issue rules that update the information parties must provide to the agencies on their HSR Forms. That rulemaking was published...

The FTC has long regulated negative options through the Negative Option Rule and strategic enforcement actions. Today, the FTC builds on that work by announcing a set of common-sense revisions to the Negative Option Rule, now known as the Rule Concerning Recurring Subscriptions and Other Negative Option Programs. The revisions are designed to protect people from misleading enrollment tactics, billing practices, and cancellation policies, and...

Get ready. It’s almost Store Your Records Day for telemarketers everywhere. You’re probably asking, what do telemarketers have to do with folks lining up outside of their local record stores to buy limited edition vinyl releases? Doesn’t Record Store Day happen in April and November? And, importantly, will there ever be a release that compares to the vinyl edition of Taylor Swift’s Long Pond Studio Sessions or Olivia Rodrigo’s Secret Tracks? Well...

Ahoy there, restaurant owners and other friends! Gather around to hear about the restaurant that tricked people into thinking its shrimp and fish were wild caught right nearby, when, actually, they were farmed, frozen, and shipped in from afar. Imagine a waterfront restaurant with beachy décor. Fishing nets hang from the ceiling and pictures of shrimp and fishing boats cover the wall. You sit down at a table draped in red, white, and blue, and...

To safeguard the widgets in the warehouse, companies secure their facilities and put inventory controls in place. To protect assets that may be even more valuable – intellectual property like patents and trademarks – savvy businesses follow the registration and renewal processes established by the United States Patent and Trademark Office (USPTO). But guess who else knows how highly your company values your trademarks? Scammers. That’s why they try to trick trademark applicants and owners into paying phony fees by falsely claiming an affiliation with the USPTO or by using other questionable tactics. The USPTO and the FTC have advice on how you and your staff can spot, stop, and report possible trademark-related deception.

Think your MLM income disclosure statement is a model of clarity? Think again. Think your disclosure supports claims that participants can earn lots of extra money if they join? Think again (again). Those are just two of the major takeaways from a new FTC staff report that analyzed income disclosure statements from dozens of MLMs.

Bitcoin ATMs (or BTMs) [1] have been popping up at convenience stores, gas stations, and other high-traffic areas for years. [2] For some, they’re a convenient way to buy or send crypto, but for scammers they’ve become an easy way to steal. FTC Consumer Sentinel Network data show that fraud losses at BTMs are skyrocketing, increasing nearly tenfold from 2020 to 2023, and topping $65 million in just the first half of 2024. [3] Since the vast...

As with previously discussed security principles, many common types of software flaws can be preemptively addressed through systematic and known processes that prevent or minimize the likelihood of outages.

Solar energy and other high efficiency home improvements can help reduce energy consumption and lower utility costs for homeowners. As going solar or using clean or renewable energy gets more popular, bad actors have joined the movement, too. Be aware of solar energy scams – everything from scammers pretending to be affiliated with the government or utility company to businesses misrepresenting the cost of improvements, savings, and financing...

The Federal Trade Commission routinely evaluates the privacy representations a company makes against their data handling practices. [1] When discrepancies arise between claim and reality, incorrect assertions about data identification are often to blame. Companies often claim and act as if data that lacks clearly identifying information is anonymous, but data is only anonymous when it can never be associated back to a person. If data can be used...