Tag: Professional Services (Non-Health Care)

The Federal Trade Commission ordered building services contractor Guardian Service Industries, Inc. (Guardian) to stop enforcing a no-hire agreement that prohibits building owners and managers from hiring Guardian’s employees. In a complaint filed against Guardian, the FTC alleges that Guardian—which operates in New York and New Jersey—includes no-hire agreements in its customer service agreements with residential building owners. These agreements prohibit building owners and competing building service contractors from hiring Guardian’s employees.

In July 2024, the FTC announced that online career-training company, Career Step, LLC has been ordered to pay $43.5 million in debt cancellation and cash to resolve charges brought by the Federal Trade Commission that alleged the company lured consumers, specifically servicemembers and their families, with deceptive ads that falsely touted inflated employment outcomes, job placement, and partnerships with prominent companies.

Career Step will pay $27.8 million in debt cancellation and $15.7 million in cash that will be used to provide redress to consumers who were harmed by its deceptive advertising.

In January 2023, the FTC issued an order requiring Denver-based HomeAdvisor, Inc. – a company affiliated with Angi, formerly known as “Angie’s List” – to pay up to $7.2 million for using a wide range of deceptive and misleading tactics in selling home improvement project leads to service providers, including small businesses operating in the “gig” economy. The Commission announced approval of the final consent order in April 2023.

To settle Federal Trade Commission charges that it engaged in deceptive and unfair practices, Dun & Bradstreet (D&B) has agreed to an order requiring substantial changes in the firm’s operations that will benefit small- and mid-sized businesses. Under the proposed order, D&B will also provide refunds to certain businesses that purchased the company’s products in the belief that using the products would improve their business credit scores and ratings.

Red Ventures and Bankrate agreed to divest Bankrate’s Caring.com business unit to settle FTC charges that their $1.4 billion merger would likely harm competition in the market for third-party paid referral service for senior living facilities. According to a complaint filed by the FTC, Red Ventures and Bankrate supply proprietary internet content and customer leads for a variety of industries. Caring.com is a wholly-owned subsidiary of Bankrate, while two of Red Ventures’ largest shareholders jointly own A Place for Mom.com, the largest provider of such services. According to FTC’s complaint, Caring.com and A Place for Mom.com are each other’s closest competitors, competing for national and local business. The complaint alleges that the two Red Venture shareholders have the collective ability to significantly influence management of Red Venture and Caring.com. Thus, if consummated, the transaction may increase the chance for Red Ventures to unilaterally exercise market power and the potential for coordinated interaction between Caring.com and A Place for Mom. Under the terms of the proposed settlement, the parties will divest Caring.com no later than six months after the acquisition and provide transition services to an FTC-approved buyer.

The American Guild of Organists agreed to eliminate rules that restrict its members from competing for opportunities to perform to settle charges that the guild’s rules restrained competition and harmed consumers in violation of the FTC Act. The guild represents approximately 15,000 member organists and choral directors in 300 chapters in the US and abroad. Under the guild’s code of ethics, if a consumer wished to have someone other than an “incumbent musician” play at a venue for a wedding, funeral or other service, the consumer was required to pay both the incumbent and the consumer’s chosen musician. The code of ethics stated that “members are advised to protect themselves as incumbents” through contracts that secure fees even if they don’t perform. The guild also developed and publicized compensation schedules and formulas, and instructed its chapters and members to develop and use regionally applicable versions to determine charges for their services. The Commission's consent order requires the American Guild of Organists to stop restraining its members from soliciting work as musicians, and to stop issuing compensation schedules, guidance, or model contract provisions for members to use to determine their compensation. The guild must implement an antitrust compliance program, and is required under the order to stop recognizing chapters that fail to certify their compliance with the order’s provisions.