Blog

People usually think of beacons as radiant lights that attract attention. But the FTC has charged that two Ohio auto dealers (among other things) used the word in a way that kept consumers in the dark. Ads for Progressive Chevrolet Company and Progressive Motors prominently claimed “Sign & Drive Leases ZERO DOWN!!!!!!” and “ALL LEASES ARE Zip, Zero, Zilch – Nothing Down!” By our count, the companies featured one of those “z” words a total of 31...

For debt collectors who resort to illegal tactics, it must feel like 110 in the shade because 115 law enforcement actions announced this year by the FTC and local, state, federal, and international partners – including 30 just-filed cases – have turned up the heat on law violators. From Buffalo to San Diego and dozens of jurisdictions in between, companies that flout debt collection standards are feeling the burn. Operation Collection Protection...

Two products sit side by side on the store shelf, but only one says “Made in USA.” For many consumers, that’s an important consideration in deciding what to buy. That’s why the FTC wants to make sure companies’ Made in USA claims – like all objective product representations – are true and backed by appropriate evidence. We asked FTC attorney Julia Ensor some of the questions we’ve heard from businesses about Made in USA claims. Does my company...

If the Commission is to attain the objectives Congress envisioned, it cannot be required to confine its road block to the narrow lane the transgressor has traveled; it must be allowed effectively to close all roads to the prohibited goal, so that its order may not be bypassed with impunity. That’s from the Supreme Court’s 1952 decision in FTC v. Ruberoid, but it also outlines part of the job description of the Bureau of Consumer Protection’s...

The Hart-Scott-Rodino statute and rules contain a number of reporting thresholds for transactions subject to premerger notification filing with the FTC and DOJ. In this post, we are going to focus on how to value publicly traded stock in order to determine reportability under the various filing thresholds. Some of the most frequent questions we get involve how to value acquisitions of voting securities in 801.30 transactions, given the volatile...

Two people walk into a deli and both order a pastrami on rye. When the check arrives, one is charged $8. The other is surprised to get a bill for $15.99. That’s not the start of an old Henny Youngman joke. It’s an analogy that raises some of the issues in the FTC’s proposed $2.95 million settlement with Sprint for allegedly charging customers with lower credit scores a monthly fee without giving them the proper up-front notice required by law...

Earlier this year, the U.S. Supreme Court ruled that the North Carolina State Board of Dental Examiners violated the federal antitrust laws by preventing non-dentists from providing teeth whitening services in competition with the state’s licensed dentists. N.C. State Bd. of Dental Exam’rs v. FTC, 135 S. Ct. 1101 (2015). The Board had argued that, because it is a state agency, it is exempt from liability under the federal antitrust laws. The FTC...

The Fair Credit Reporting Act isn’t just about credit. If your company uses background checks in making personnel decisions, the FTC reminds you of your obligations under the FCRA. In honor of Throwback Thursday, here’s an unconventional old-school summary of key requirements under federal law. Spin the mirrored disco ball and join us on the dance floor for “F-C-R-A.” Employers, There’s a law that applies When a prospect’s Background you...

You don’t need to go to a water park to see performing seals. You can spot them on websites where they perform the function of conveying information about the purported environmental benefits of products. But do the groups offering those seals – and the companies that display them – have appropriate proof for the claims consumers take from them? If your clients use environmental seals or certifications, you’ll want to see the latest from the FTC...

If there’s a material connection between a marketer and an endorser, disclose it. That’s been the FTC standard for decades and it didn't change when marketing moved to social media. The FTC’s proposed settlement with online entertainment network Machinima illustrates missteps that could land advertisers, ad agencies, and PR firms in testimonial turmoil. But what about endorsers, affiliates, influencers, brand ambassadors, etc.? It’s time to...