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FTC's record-setting Do Not Call settlement: 4 tips for business and one candid suggestion

Lesley Fair
Yesterday’s 10th anniversary of the National Do Not Call Registry was a good time to reflect on a decade of progress. But to paraphrase Thomas Jefferson (or Patrick Henry, Irish statesman John Philpot Curran, or whoever else said it), eternal vigilance is the price of an uninterrupted dinner hour. A record-setting $7.5 million settlement with a national mortgage broker demonstrates the FTC’s commitment to the fight against illegal telemarketing...

FCRA's Furnisher Rule: It's all about accuracy and integrity

Colleen Tressler
If you report information about consumers to consumer reporting agencies (CRAs) — like a credit bureau, tenant screening company, or check verification service — you have legal obligations under the Fair Credit Reporting Act's Furnisher Rule. The FTC enforces the rule, and has guidance about your responsibilities to furnish information that's accurate and complete, and to investigate consumer disputes about the accuracy of information you provide...

Last resort

Lesley Fair
Three FTC cases, 83 civil actions brought by 28 states, more than 184 defendants facing criminal charges in cases filed by federal and local prosecutors, and 25 actions brought by agencies in 10 other countries. If you’re unclear on whether law enforcers are presenting a united front against travel-related fraud, then we have some oceanfront property to sell you. One of the scams targeted by the latest law enforcement sweep involves bogus offers...

Calling all cards

Lesley Fair
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...

Mo' bill messaging

Lesley Fair
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 —...

Faux claims for faux fur

Lesley Fair
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...

FTC Reboots .com Disclosures: Four Key Points and One Possible Way to Bypass the Issue Altogether

Lesley Fair
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...

Screen regs and spam?

Lesley Fair
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...

Building your VOCabulary

Lesley Fair
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...

Batten down the patches: Six points to take from the FTC settlement with HTC

Lesley Fair
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...