Blog

We’ve been saying it for years: “What the headline giveth, the footnote cannot taketh away.” The same holds true for the dense block of text, the hidden-away reverse side, the vague hyperlink, or any other place the FTC has warned advertisers may not meet the standard for “clear and conspicuous” disclosure. A recent settlement involving long distance phone cards emphasizes what’s not so fine about fine print. DR Phone Communications markets and...

We can’t figure out why Hollywood hasn’t returned our call, but here's a great idea for an action movie. FTC attorneys go to court to stop a company from illegally billing people for text message-based subscription services they never asked for and didn’t authorize. We even have a can’t-miss title: Crambo. Maybe our proposed remake is a little light on the headbands and camouflage, but we think it’s a compelling story nonetheless. Cramming —...

In some ways, think of it as “faux faux fur.” No, that’s not a typo. It’s what results when national retailers advertise items of apparel as fake fur, when in fact, they contain, well, fur. Those are just some of the allegations in recent FTC complaints against The Neiman Marcus Group, Inc., DrJays.com, Inc., and Eminent, Inc. (which shoppers may know as Revolve Clothing). Some consumers like fur products. Others make a conscious choice not to...

We asked how the FTC’s 2000 staff guidance document Dot Com Disclosures was working for you, and you said it was due for some updating. After hosting a workshop and receiving stacks of written feedback, the FTC has issued a revised version, renaming it .com Disclosures: How to Make Effective Disclosures in Digital Advertising. You’ll want to read it in depth to see how it will affect your company, but the new title is a tip-off: .com Disclosures...

Do you like them on the screen Of your mobile phone machine? I do not like text message spam. I do not like them, Sam I am. Fighting back against text message spam isn’t child’s play, and consumers have sent the strong message they’re not fans of unsolicited texts — especially ones conveying deceptive claims. A series of law enforcement actions just filed by the FTC drives that point home and represents the latest move against misleading...

The FTC just accepted final settlements with two of the largest paint manufacturers in the country — Sherwin-Williams and PPG Architectural Finishes. The complaints charged that the companies made deceptive “zero VOC” claims for their Dutch Boy Refresh and Pure Performance brands. But along with the settlements, the FTC issued an Enforcement Policy Statement that's a must-read if you're thinking about making similar claims and want to comply with...

By now, you’ve read about the FTC’s settlement with HTC — the agency’s first law enforcement action against a mobile device manufacturer. According to the complaint, when HTC customized the operating systems used on many of its products, it introduced security vulnerabilities that put users’ sensitive information at risk. In addition to requiring implementation of a comprehensive security program, the proposed order includes a first-of-its-kind...

HTC America is a leading manufacturer of smartphones and tablets using the Android, Windows Mobile, and Windows Phone operating systems. The company’s motto is “quietly brilliant.” But based on an FTC lawsuit challenging the company's security practices, consumers might be surprised to find out their devices have also been “quietly vulnerable.” To settle the case — the FTC’s first against a device manufacturer — HTC has agreed to a far-reaching...

In the few years it’s been up and running, Path has billed itself as a different kind of social network. According to a description of its "Values," "Path should be private by default. Forever. You should always be in control of your information and experience." It’s a lovely sentiment. Except that according to an FTC law enforcement action, it wasn’t private by default. It wasn’t private forever. Users weren’t in control of their information and...

You spend a good portion of your time trying to protect sensitive information on your network from high-tech hijackers. That’s important, of course. But don’t let it take your eye off the risks posed by good old-fashioned — make that bad old-fashioned — theft. That’s the message businesses can take from the FTC’s settlement with cord blood bank, Cbr Systems, Inc. New parents have a lot of things to buy — cribs, car seats, and the like. But some...