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Smoke Away, U.S. v.
The Federal Trade Commission took action under the FTC Act and the Opioid Addiction Recovery Fraud Prevention Act (OARFPA), suing Michael J. Connors and companies he controls for deceptively marketing their Smoke Away products as able to eliminate consumers’ nicotine addiction and enable them to quit smoking quickly, easily, and permanently. The case is the FTC’s first smoking cessation product challenge under OARFPA, and its first alleging the deceptive use of testimonials to sell a supposed addition-treatment product.
The proposed stipulated order settling the Commission’s complaint permanently bans Connors—who settled a 2005 FTC complaint regarding Smoke Away—and his companies from marketing or selling any substance use disorder treatment product or service, including any smoking cessation product or service.
Federal Trade Commission Announces Proposed Rule Banning Fake Reviews and Testimonials
Walmart, FTC v.
The Federal Trade Commission today sued Walmart for allowing its money transfer services to be used by fraudsters, who fleeced consumers out of hundreds of millions of dollars. In its lawsuit, the FTC alleges that for years, the company turned a blind eye while scammers took advantage of its failure to properly secure the money transfer services offered at Walmart stores. The company did not properly train its employees, failed to warn customers, and used procedures that allowed fraudsters to cash out at its stores, according to the FTC’s complaint. The FTC is asking the court to order Walmart to return money to consumers and to impose civil penalties for Walmart’s violations.
Federal Trade Commission Announces Updated Advertising Guides to Combat Deceptive Reviews and Endorsements
FTC Takes Action Against Publishers Clearing House for Misleading Consumers About Sweepstakes Entries
FTC Order Requires New England-based Clothing Accessories Company to Pay for Falsely Claiming Its Products Were Made in USA
Publishers Clearing House, LLC (PCH), FTC v.
As a result of a Federal Trade Commission lawsuit, Publishers Clearing House (PCH) has agreed to a proposed court order will require it to pay $18.5 million to consumers who spent money and wasted their time, and make substantial changes to how it conducts business online.
In a complaint against PCH, the FTC charges that the company uses “dark patterns” to mislead consumers about how to enter the company’s well-known sweepstakes drawings and made them believe that a purchase is necessary to win or would increase their chances of winning, and that their sweepstakes entries are incomplete even when they are not. The FTC also charges that the company has added surprise shipping and handling fees to the costs of products, misrepresented that ordering is “risk free,” used deceptive emails as part of its marketing campaign, and misrepresented its policies on selling users’ personal data to third parties prior to January 2019. Many consumers affected by these practices are older and lower-income.
Easy Healthcare Corporation, U.S. v.
The FTC reached a settlement with the developer of the fertility app Premom over allegations it deceived users by sharing their sensitive personal information with third parties, including two China-based firms, disclosed users’ sensitive health data to AppsFlyer and Google, and failed to notify consumers of these unauthorized disclosures in violation of the Health Breach Notification Rule (HBNR).
American Vehicle Protection Corporation
In February 2022, the FTC took action in federal court against a Florida-based group of defendants it alleges called hundreds of thousands of consumers nationwide to pitch them expensive “extended automobile warranties” using deceptive telemarketing tactics. According to the FTC complaint, American Vehicle Protection Corp. and related defendants bilked consumers out of more than $6 million over the last four years. Under the terms of proposed court orders, three companies and their owners that were charged by the FTC with running the operation that scammed consumers out of millions of dollars would be permanently banned from participating in the extended automobile warranty market, as well as from any further involvement in outbound telemarketing. An additional court order announced in July 2023 bans an additional corporate defendant and its owner.
Vitagene, Inc.; Analysis of Proposed Consent Order To Aid Public Comment
Bacardi USA (Havana Club Rum)
FTC Files Amicus Brief in CFPB Action Opposing Efforts to Weaken Equal Credit Opportunity Act
CFPB v. Townstone Financial, Inc. and Barry Sturner
BCP Staff Comment to U.S. Department of Education Concerning Proposed Regulations Protecting Postsecondary Students
FTC Staff Files Comment on U.S. Department of Education’s Proposed Regulations to Protect Postsecondary Education Students
FTC Takes Action Against Amazon for Enrolling Consumers in Amazon Prime Without Consent and Sabotaging Their Attempts to Cancel
FTC Puts Online Marketplaces on Notice About Their Responsibilities Under the New INFORM Consumers Act
FTC Says Genetic Testing Company 1Health Failed to Protect Privacy and Security of DNA Data and Unfairly Changed its Privacy Policy
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