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Lead generation: When the “product” is personal data

Lesley Fair
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...

FTC blows the whistle on business coaching program

Lesley Fair
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...

Best practices to foil gas station skimmers

Colleen Tressler
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...

Court orders $280 million from Dish Network, largest ever Do Not Call penalty

Lesley Fair
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...

FTC bounces claims for “independent” trampoline review sites

Lesley Fair
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...

FTC settlement with Amazon yields $70 million for consumers, advice for business

Lesley Fair
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...

FTC challenges claims for opiate withdrawal products

Lesley Fair
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...

Background checks on prospective employees: Keep required disclosures simple

David Lincicum
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...

Influencers, are your #materialconnection #disclosures #clearandconspicuous?

Lesley Fair
If Instagram is the home of Throwback Thursday and Flashback Friday, #IGers should think of today as Word to the Wise Wednesday. We’ve been spending some time on Instagram lately. Why? Because advertisers, endorsers, and consumers are spending time there, too. What we saw raised concerns about whether some influencers are aware of truth-in-advertising standards about endorsements and disclosures. So the FTC staff sent 90+ letters to celebrities...

BOTS Act: That’s the ticket!

Lesley Fair
It used to be a rite of passage: spending the night in a line outside the box office to score tickets to the Stones, Springsteen, or [insert your favorite group here]. The convenience of internet ticket sales ended the sleeping-on-the-sidewalk ritual. But online ticket sales raised another concern: Were prospective buyers losing out to computer programs that scooped up the best seats only to resell them at inflated prices? Congress responded to...