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If you’ve been following the FTC’s lawsuit against AT&T alleging deceptive and unfair data throttling, there’s important news. A unanimous en banc decision of the United States Court of Appeals for the Ninth Circuit ruled in the FTC’s favor on a key issue involving the agency’s jurisdiction. You’ll want to read the opinion for the details, but here’s what Acting Chairman Ohlhausen said about it: “I welcome the Ninth Circuit’s ruling as good news...

Right now DC is the place to be for people interested in the latest on consumer privacy and data security. The FTC’s third PrivacyCon begins at 9:15 ET on Wednesday, February 28, 2018, with opening remarks from Acting Chairman Ohlhausen. Like the first two PrivacyCons, this year’s event features many of the biggest names in the research world discussing their findings. But this time there’s more. Three new additions: 1) a deeper dive into the...

Advances in payment methods could end those open-wallet debates about who owes what for the pizza. But as innovative technologies change how people pay for things, established consumer protection principles apply. An FTC complaint against peer-to-peer payment service Venmo – now operated by PayPal – alleges that the company failed to disclose material information about the availability of consumers’ funds. In addition, the lawsuit challenges...

As a business person, you know that accessing the public Wi-Fi network in an airport lounge, coffee shop, or other location can be risky. Public networks aren’t very secure – or, well, private – and it could be easy for others to intercept your confidential business or personal data. But there are times when every executive has to be out and about. So what can you do to keep your mobile data private and secure? Some people use Virtual Private...

Who among us wouldn’t want to turn back the hands of time? But don’t try to summon the spirit of Ponce de León just yet. According to the FTC, anti-aging claims for TA-65MD and TA-for 65 Skin lacked scientific substantiation. In addition, the FTC challenged the company’s use of consumer endorsements and alleged that it falsely represented that a paid-for segment touting its products on The Suzanne Show was independent programming. Sold by New...

Engage, connect, protect was the theme of a series of Small Business Security Roundtables the FTC sponsored last summer. We listened to businesses talk about the challenges they face in securing sensitive information and fending off cyber threats. We also heard that they want concrete advice from the FTC. For example, how can a small company – especially one that may not have the in-house expertise to host its own website – get down to business...

As a business person managing your personal portfolio, you do your best to keep up with the latest financial news. You’ve been hearing more about cryptocurrencies and asking yourself “Hmmm.” Of course, it’s not just bitcoin. There are now hundreds of cryptocurrencies, which are a type of digital currency, on the market. They’ve been publicized as a fast and inexpensive way to pay online, but many are now also being marketed as investment...

When Congress passed the Hart-Scott-Rodino Antitrust Improvements Act of 1976, it created minimum dollar thresholds to limit the burden of premerger reporting. In 2000, it amended the HSR statute to require the annual adjustment of these thresholds based on the change in gross national product. As a result, reportability under the Act changes from year to year as the statutory thresholds adjust. The PNO fields many questions about the upcoming...

Blind Faith, Crosby Stills Nash & Young, Humble Pie, the Traveling Wilburys. Every musical genre has its supergroup, individual talents from other groups who come together to create something even more impressive. In the consumer privacy and data security world, we think the agenda for the FTC’s PrivacyCon 2018 reads like the line-up of one of those legendary supergroups. (Minus Eric Clapton – sorry.) Scheduled for February 28, 2018, in...

We haven’t tried bullhorns or signal flares yet, but aside from that, it’s tough to imagine a tactic the FTC hasn’t taken to warn businesses about the risks of involving themselves in deceptive weight loss promotions. Add to that list of fair warnings the $2 million judgment announced by the FTC and the Maine AG against Marketing Architects, an ad agency that created and disseminated radio ads for diet products pitched with a host of allegedly...