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It typically started with a schmoozy call to an unsuspecting small business or nonprofit. Sometimes the caller claimed to be “confirming” an existing order, “verifying” an address, or offering a “free” catalog or sample. Then came the supplies surprise – unordered merchandise arriving at the company’s doorstep followed by high-pressure demands to pay up. In two separate actions, the FTC announced settlements with Maryland-based companies charged...

If marketing claims are any indication, “green” paint is popular with consumers, but not just in the sense of emerald, mint, or avocado. Companies are advertising that their paints are emission-free, VOC-free, and without chemicals that could harm consumers, including pregnant women, babies, and people with asthma. Some brands even feature seals and certifications touting purported environmental benefits. But according to proposed FTC settlements...

There’s been a lot of talk about “ping trees” and other activities associated with the lead generation industry. The FTC’s concern is that consumers don’t get ponged in the process. A proposed settlement gives a glimpse into how one lead generation company operated and offers insights for businesses about compliance considerations when the “product” in question is consumers’ personal data. Arizona-based Blue Global operated at least 38 internet...

Rockne, Lombardi, Landry, Shula. Behind every sports dynasty, there’s a legendary coach. But according to the FTC, marketers of “business coaching” services took consumers for millions by using offside sales tactics that will likely disqualify them from the Truth-in-Advertising Hall of Fame. One notable feature of the cases is that it took two pages just to list the interconnected companies and individuals involved in the operation, but it boils...

If you own or operate gas stations, chances are you know about skimmers – illegal card readers attached to payment terminals, like gas pumps, that grab data off a credit or debit card’s magnetic stripe without the customer’s knowledge. Criminals sell the stolen data or use it to buy things online. If your pumps are compromised, customers won’t know their information has been stolen until they get an account statement or overdraft notice...

It’s a record-setting win for America’s consumers and a resounding affirmation that the Do Not Call Registry means DO NOT CALL. Eight years of tenacious litigation by the Department of Justice, the FTC, and the Attorneys General of California, Illinois, North Carolina, and Ohio has resulted in a $280 million civil penalty against Colorado-based satellite TV provider Dish Network. The ruling imposes additional remedies that emphasize just how...

Consumers rely on independent reviews and recommendations in deciding what to buy. That’s why the FTC wasn’t jumping for joy to learn that marketers of trampolines were touting their products through the use of misleading review websites and deceptive endorsements. Anaheim-based Sonny Le and Bobby Le sold trampolines – primarily the Infinity and Olympus Pro brands – through three websites. Those sales sites prominently displayed the logo of...

The FTC’s law enforcement action against Amazon for unauthorized billing recently settled, leaving two key takeaways: 1) Consumers are eligible for more than $70 million in refunds; and 2) Businesses need to get customers’ express consent before placing charges on their credit or debit cards. Last year, a federal judge in Seattle ruled in the FTC’s favor in an action against Amazon for billing consumers for unauthorized in-app charges incurred by...

Is there a family or a workplace that hasn’t been touched in some way by the public health crisis of opiate addiction? It’s no wonder that advertisers are offering purported treatments. But an FTC settlement with a Texas-based business stands for the fundamental principle that companies’ health claims need the support of sound science. The products at issue were Withdrawal Ease and Recovery Ease – and the names were the first of many...

If your company gets background information on prospective employees, it’s likely you’re covered by the Fair Credit Reporting Act. Before you get a background screening report, the law requires that you make certain disclosures and get a prospective employee’s authorization. Is it time for a FCRA compliance check? Background screening reports are “consumer reports” under the FCRA when they serve as a factor in determining a person’s eligibility...