Skip to main content

App developer under pressure for deceptive health claims

Lesley Fair
Is it time for a little heart-to-heart about making health claims for mobile apps? An FTC settlement with California-based Aura Labs challenges misleading representations the company made about its Instant Blood Pressure app. In addition, if you keep your finger on the pulse of FTC endorsement law, the complaint describes a course of conduct marketers will want to avoid. According to the FTC, Aura represented that its app would serve as a...

$88 million back for AT&T customers: An inside look at a refund program

Lesley Fair
Chances are that you or someone you know will be among 2.7 million AT&T Mobility customers who will be getting a refund soon. The FTC is returning a total of $88 million to people who were billed for premium text message services they didn’t authorize. But even if the settlement doesn’t directly benefit you as a consumer, it offers insights for business people about the steps the FTC takes to get refunds back to consumers – and the seriousness...

Resetting our views on HSR Items 4(c) and 4(d)

Premerger Notification Office Staff, Bureau of Competition
When submitting a Hart-Scott-Rodino (HSR) premerger notification filing to the FTC and DOJ, a filing party must complete the HSR Form . The HSR Form requires detailed information about the transaction and the filing party’s business, and requires the submission of certain documents. In particular, Item 4(c) of the HSR Form requires filers to submit documents prepared by or for officers or directors used to evaluate or analyze the acquisition with...

Screening tenants? Check out the FTC’s new guidance

Lisa Weintraub Schifferle
Using background checks to screen tenants? Or maybe your company provides those background checks to landlords? Make sure you’re complying with the Fair Credit Reporting Act (FCRA). The FTC’s new guidance for landlords and for tenant background screening companies can help. What do landlords need to know? Landlords must take certain steps before getting a consumer report and after taking an adverse action based on the report. A consumer report...

OTC homeopathic drugs: Established FTC proof standards apply

Lesley Fair
The FTC applies a consistent approach to evaluating ad claims. Companies must have a reasonable basis for objective representations, including claims that a product can treat specific health conditions. Whether it’s an over-the-counter drug, dietary supplement, or food, the same established standards apply. And as an FTC Enforcement Policy Statement explains , that also holds true for OTC homeopathic drugs. Consumers can find a host of...

FTC says NetSpend decked consumers with deceptive claims for prepaid debit cards

Lesley Fair
From the perspective of consumers, the whole purpose of prepaid debit cards – their reason for living, if you will – is to give consumers immediate access to their money. Those cards are an especially important financial lifeline for people who don’t have traditional bank accounts. In pitching its reloadable prepaid cards, NetSpend Corporation promised consumers “immediate access” to their funds with “no holds, no waiting.” But according to an...

Taking a hard look at the asset package

Andrea Zach, Bureau of Competition
On Monday, the FTC accepted for public comment a proposed consent order involving a consummated merger in the eye care industry. According to the complaint , Valeant Pharmaceuticals’ 2015 acquisition of Paragon Holdings reduced competition for polymer discs (aka buttons) used to make three types of rigid gas permeable (hard) contact lenses. Under the proposed order, Valeant, the parent of Bausch + Lomb, must divest the entire hard contact lens...

Competitive job markets offer more than just fringe benefits

Debbie Feinstein and Geoffrey Green, Bureau of Competition, and Tara Isa Koslov, Office of Policy Planning
Looking for a new job can be stressful, whether you are a new worker applying for your first job or a highly trained professional seeking to advance in your career. The last thing a job-seeker should have to worry about is a back-room deal among employers that keeps her from getting the job of her dreams or from being offered a fair salary. Today, the FTC and the U.S. Department of Justice issued guidance to explain how the antitrust laws apply...

FTC to glue company: Stick to established Made in USA principles

Lesley Fair
The phrase is only nine letters long, but for many consumers, it makes the difference between a product in the shopping basket and one left on the shelf. It’s “Made in USA” and the FTC just announced a settlement of its lawsuit against Chemence, Inc. , for misleading Made in USA claims. If your company makes similar representations, is it time for a compliance check? Georgia-based Chemence manufactures Kwik Fix, Hammer Tite, and Krylex Glues –...

New Identity Theft Report helps you spot ID theft

Seena Gressin
Do you ever hear from customers or employees who want you to know that they’ve been affected by identity theft? If so, you’ll probably start seeing them use the new FTC Identity Theft Report. It tells you that someone important to your business is a crime victim, has alerted law enforcement, and is working to resolve the financial and emotional disruption that identity theft causes. The new Identity Theft Report is a product of IdentityTheft.gov...