Legal Library: Cases and Proceedings

In December 2020, Voice over Internet Protocol (VoIP) service provider Alcazar Networks Inc. and its owner settled FTC charges that they facilitated tens of millions of illegal telemarketing phone calls, including some calls from overseas and some that displayed spoofed caller ID numbers. The proposed settlement bars the defendants from similar misconduct in the future, imposes a monetary penalty, and requires them to screen and monitor their customers. This was the FTC’s second case against a VoIP service provider.

The marketers of a dietary supplement called Synovia agreed to settle FTC charges by halting the deceptive tactics they allegedly used to mislead consumers into thinking Synovia could treat arthritis and alleviate joint pain. In December 2020, the Commission announced it was returning almost $775,000 to consumers who both the deceptively marketed product.

The FTC issued an administrative complaint challenging the merger of two prosthetics manufacturers that are top sellers of prosthetic knees equipped with microprocessors. According to the FTC’s complaint, Otto Bock’s consummated acquisition of FIH Group Holdings (owner of Freedom Innovations) harmed competition in the U.S. market for microprocessor prosthetic knees by eliminating head-to-head competition between the two companies, removing a significant and disruptive competitor, and entrenching Otto Bock’s position as the dominant supplier. Microprocessor knees, which use microprocessors to adjust the stiffness and positioning of the joint in response to variations in walking rhythm and ground conditions, provide a stable platform for amputees. Compared to other products, microprocessor prosthetic knees reduce the risk of falling, cause less pain, and promote the health and function of the sound limb. In addition to issuing an administrative complaint, the Commission authorized agency staff to seek a temporary restraining order, preliminary injunction, and ancillary relief in federal court, should doing so be necessary to ensure the Freedom Innovations business remains viable and to preserve the Commission ability to order effective relief. On Dec. 1, 2020, the Commission announced approval for the divestiture of the Freedom assets.

The Federal Trade Commission has taken action against a debt collection company that allegedly placed bogus or highly questionable debts onto consumers’ credit reports to coerce them to pay the debts. Under a settlement with the FTC, the company, Midwest Recovery Systems (Midwest Recovery), is prohibited from the practice, known as “debt parking,” and required to delete the debts it previously reported to credit reporting agencies. The FTC alleged that Midwest Recovery collected more than $24 million from consumers on such debts, largely by debt parking.

CoreLogic, Inc. agreed to settle FTC charges that its proposed $661 million acquisition of DataQuick Information Systems, Inc. from TPG VI Ontario 1 AIV L.P. would likely substantially lessen competition in the market for national assessor and recorder bulk data. The FTC’s proposed settlement order requires CoreLogic to license to Renwood RealtyTrac national assessor and recorder bulk data as well as several ancillary data sets that DataQuick provides to its customers. The order allows RealtyTrac to offer customers the data and services that DataQuick now offers and to become an effective competitor in the market.

In November 2020, at the FTC’s request, a federal court in Ohio issued a temporary restraining order against 25 counterfeit websites that allegedly have been playing on consumers’ COVID-19 pandemic fears to trick them into paying for Clorox and Lysol products that the defendants never deliver.

In May 2021, The FTC announced a law enforcement action to halt deceptive health and efficacy claims in the growing market for cannabidiol (CBD) products. In the action—the first since the Commission announced a crackdown on such false claims last December—Scottsdale, Arizona-based Kushly Industries LLC (Kushly) and the company’s sole officer Cody Alt agreed not to make false or unsupported claims or falsely claim that scientific evidence exists to back them up. They also paid the FTC more than $30,000 in consumer redress.