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Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs

Lesley Fair
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...

FTC’s 2018 Privacy & Data Security Update: What it means for your business

Lesley Fair
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...

Compliance reports: Reinforcing a commitment to effective orders

Roberta Baruch and Bruce Hoffman, Bureau of Competition
Commission orders – both from negotiated settlements and from litigated matters – routinely require Respondents to submit periodic reports on their efforts to comply with the order. ( See also Commission Rule 2.41(a)). Ensuring compliance with Commission orders designed to remedy prior violations of antitrust law, and to prevent future recurrence, is a critical part of the FTC’s enforcement mission. Effective enforcement of existing orders...

Recipe for a ROSCA violation

Lesley Fair
From the FTC’s perspective, a certain pattern of online business has become a recipe for consumer injury. Start with a misleading “risk-free” trial offer. Add a hefty undisclosed charge if consumers don’t quickly cancel the “risk-free” trial. Cook up an undisclosed automatic shipment program that sends consumers unordered merchandise. Top with hard-to-follow upsells that add another layer of confusion. Fold in illegal charges to consumers’ credit...

HSR threshold adjustments and reportability for 2019

the Premerger Notification Office Staff
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...

Older adults hardest hit by tech support scams

Emma Fletcher
If the mere thought of your computer being hacked frightens you, you’re not alone. And tech support scammers know how to exploit that fear to their own advantage. They work to scare you into believing your computer is compromised and then offer to “fix” the problem – for a fee. The FTC’s Consumer Sentinel Network got nearly 143,000 reports about tech support scams in 2018. 1 These scams usually start with a phone call or a pop-up warning of a...

The FTC takes its subpoenas and CIDs seriously – and you should, too

Burke Kappler, Attorney, FTC Office of General Counsel
The FTC’s ability to obtain information through subpoenas and civil investigative demands (CIDs) is critical to the task of investigating potential law violations. The FTC uses this authority deliberately and responsibly, avoiding unnecessary burdens on businesses and individuals and consistent with our obligations to enforce the law. These requests are legally enforceable demands, and recipients of subpoenas or CIDs need to take their obligation...

The FTC takes its subpoenas and CIDs seriously – and you should, too

Burke Kappler, Attorney, FTC Office of General Counsel
The FTC’s ability to obtain information through subpoenas and civil investigative demands (CIDs) is critical to the task of investigating potential law violations. The FTC uses this authority deliberately and responsibly, avoiding unnecessary burdens on businesses and individuals and consistent with our obligations to enforce the law. These requests are legally enforceable demands, and recipients of subpoenas or CIDs need to take their obligation...

Forum on new forms of financing is strictly business

Lesley Fair
When it comes to getting the working capital your company needs, you’re strictly business. Yes, you confer with traditional financial institutions, but like many small businesses, you also may look into online loans and other newer options. Financing for smaller enterprises is the topic of an upcoming FTC workshop. Mark May 8, 2019, on your calendar for Strictly Business: An FTC Forum on Small Business Financing. Small businesses are the heart of...

Cybersecurity for small business: Four ways to continue the conversation

Andrew Smith, Director, FTC Bureau of Consumer Protection
When it came to designing the FTC’s Cybersecurity for Small Business campaign, you called the shots. We hosted round tables across the country and listened to what business owners had to say. You told us you wanted: 1) No-nonsense advice that’s easy to implement; and 2) Consistent guidance from the different federal agencies that deal with cyber threats and data security. Our every-Friday Business Blog series has covered fundamentals like...