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15 minutes of game: Getting to the core of the FTC's $32.5 million settlement with Apple

Lesley Fair
Update (3/27/14): Apple will notify people about how to get refunds by April 15. The settlement requires Apple to provide full refunds for in-app charges made by kids without parental permission. It’s a simple concept really: Companies shouldn’t charge people for stuff without their express consent. That’s the law – and it’s always been the law. So when a company chooses to implement a billing process that, in effect, opens a tab for kids and...

Looking for something?

Kelly Signs, Bureau of Competition
If you regularly use FTC.gov to find cases, speeches, reports or such, then you’ve probably noticed a few changes. We know -- change is hard. But with added features like drop-down menus and filters, finding what you need on the new FTC.gov should be easier than ever. The new website uses a content management system that allows documents and webpages to be grouped together by the use of “tags” or keywords. Most content on FTC.gov has been tagged...

8 advertising potholes auto dealers should avoid

Lesley Fair
In a drive to encourage truth in auto advertising, the FTC has announced Operation Steer Clear – a coast-to-coast law enforcement sweep focusing on deceptive TV, newspaper, and online claims about sales, financing, and leasing. If you have clients in the auto industry, the lessons of Operation Steer Clear can help keep them on the right track. The companies named in the 10 lawsuits include four California dealers: Casino Auto Sales in La Puente...

When a data oops becomes an uh-oh

Lesley Fair
We’ve said it before, but it bears repeating: Glitch Happens. In the case of Accretive Health, Inc., it was a laptop taken from the passenger compartment of an employee’s car. What transformed this oops into a full-fledged uh-oh was that the laptop contained files with 20 million pieces of data about 23,000 patients, including sensitive health information. And according to the FTC’s lawsuit , the employee in question didn’t need all that to do...

Risky business

Lesley Fair
No one is sliding across the living room floor in shades lip synching to Bob Seger, but violating the FTC’s Risk-Based Pricing Rule is risky business nonetheless. That’s the message of the FTC’s $1.9 million settlement with telecom company Time Warner Cable, Inc., the first case brought under the Risk-Based Pricing Rule. Part of the Fair Credit Reporting Act , the Risk-Based Pricing Rule has been in place for almost three years. If a company...

Un-consummated merger

Debbie Feinstein, Director, Bureau of Competition
Today, five years post-consummation, the Commission approved Polypore International, Inc.’s application to sell Microporous , a competitor it purchased in 2008. Polypore was ordered to divest the entire business it had purchased after the Commission determined that the merger had substantially lessened competition in violation of the antitrust laws. Soon, customers in need of flooded lead-acid battery separators can buy these products from a...

Location and value of patents

Premerger Notification Office Staff
Each year, the Premerger Notification Office answers thousands of letters, phone calls, and emails regarding the Hart-Scott-Rodino rules, giving informal advice on the potential reportability of transactions and help in completing the HSR Notification and Report Form. Recently, the PNO considered a transaction involving a U.S. company acquiring a foreign issuer with both U.S. and foreign assets. These assets included both U.S. and foreign patents...

An environmental "multi-vitamin" for engines? FTC finds ad claim hard to swallow

Lesley Fair
Green Foot Global said its EnviroTabs fuel additive was “the world’s 1st multi-vitamin for your engine.” A lawsuit filed by the FTC suggests that one primary nutrient in the environmental “multi-vitamin” was Vitamin D — for Deception. Advertised online in English and Spanish, EnviroTabs sold for about $25. The product was promoted as a quadruple threat for gear heads and tree huggers alike. “Do Your Part to Protect the Planet,” the ads said. Pop...

6 tips for keeping your green claims clean

Lesley Fair
A recent FTC law enforcement crackdown focused on allegedly deceptive biodegradability claims for plastics. Four of the cases settled and a fifth is heading to trial. Another action targeted green claims made by a company the FTC had sued before. Of course, the orders in the cases apply just to those companies, but if you’re intent on keeping your green claims clean, there’s a lot you can glean from the announcement. 1. Guidance is only a click...

Grading your degradability claims: The latest for green marketers

Lesley Fair
Golf tees, food containers, paper plates, shopping bags, additives for plastics, and rebar caps to prevent construction workers from getting impaled on the job. That’s either the strangest shopping list ever or just some of the products at the center of the FTC’s latest law enforcement effort to make sure companies’ environmental claims are truthful and substantiated . Five of the cases deal with green claims for products made with additives...