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Business Blog

Decision bolsters FTC position on soundboard tech

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On April 27, 2018, the United States Court of Appeals for the D.C. Circuit dismissed a challenge to a November 2016 FTC staff letter addressing certain prerecorded calls or “robocalls” using...
Business Blog

Talent search firm not ready for its COPPA close-up

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Movie legend has it that screen siren Lana Turner was discovered as a teen at Schwab’s Drugstore. The millions of people who signed up for online talent search network Explore Talent were also looking...
Business Blog

So You Received a CID: FAQs for Small Businesses

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So you’ve received a Civil Investigative Demand (CID) from the Federal Trade Commission related to a consumer protection matter. Now what? We appreciate that it can be daunting for any company –...
Business Blog

Telemarketing Sales Rule requires clarity on charity

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Some people say charity begins at home. But for telemarketers, truthful information about charity begins on the phone. That’s the message of an FTC settlement with InfoCision, an Ohio-based for-profit...
Business Blog

Advertisers should be uneasy about unproven disease claims

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The “before” photo showed a silver-haired lady in a wheelchair with a hand on her furrowed brow. “24 hours after” and she’s smiling and knitting on the sofa, thanks to a dietary supplement proven in a...
Business Blog

Billed for office supplies you didn’t order? Don’t pay!

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It typically started with a schmoozy call to an unsuspecting small business or nonprofit. Sometimes the caller claimed to be “confirming” an existing order, “verifying” an address, or offering a “free...
Business Blog

Trial and error

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Imagine a series of promotions that involve pain relief promises, cognition claims, endorsements, 30-minute radio ads, “risk-free” money-back guarantees, “free” trial offers, negative options...
Business Blog

2015’s top-pick topics: A 10-tative list

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2015 saw the end of The Late Show with David Letterman, but his Top 10 List legacy lives on. From the home office in Washington, D.C., here is our informal take on ten topics we covered this year in...
Business Blog

Lifestyles of the pitchin’ shameless

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Caribbean cruises, jet ski outings, trips to Disneyworld, tickets to sporting events and concerts, and even dating service subscriptions. You’d expect to see that on reruns of “Lifestyles of the Rich...
Business Blog

When BOGO is a no-go

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If you watch as much TV as we do, you may have been tempted to reach for the phone to order the Snuggie, that blanket with sleeves for couch potatoes; Forever Comfy, the answer to rump-sprung chairs...
Business Blog

First FTC ROSCA case challenges bogus BOGO and "free" claims

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It’s called ROSCA – the Restore Online Shoppers’ Confidence Act – and it prohibits marketers from charging consumers for an online transaction unless the marketer has clearly disclosed all material...
Business Blog

Law and (Un)ordered

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A box of light bulbs. A case of cleaner. Another box of light bulbs. Ordinary supplies that businesses and nonprofits of all sizes use every day. If these things arrive at your office doorstep...
Business Blog

Acc-cen-tuate the negative?

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Acc-cen-tuate the positive. Eliminate the negative. Latch on to the affirmative. And don't mess with Mr. In-Between. That's how the catchy Bing Crosby-Andrews Sisters number went in the 40s. When it...
Business Blog

Cram doesn't pay

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Cramming unauthorized charges onto phone bills violates the FTC Act, of course. But depending on the circumstances, cases like that also can result in criminal prosecution. Two brothers who bilked...