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Phantom of the owe-pera

Lesley Fair
This tale of phantoms doesn’t involve crashing chandeliers and operatic crescendos. But according to a lawsuit filed by the FTC , the results were just as dramatic for consumers mistreated by debt collectors who used deceptive and threatening tactics to collect on “phantom” payday loans — bogus debts people didn’t really owe. The complaint charges Atlanta- and Cleveland-based Pinnacle Payment Services, LLC and a chorus of corporate officers and...

How Aaron's erred: What your business should take from the latest spycam case

Lesley Fair
Remember the cases the FTC announced last year against a software developer and rent-to-own stores that secretly monitored people in their homes? Unbeknownst to consumers, computers came installed with a program called PC Rental Agent. When the software was in “Detective Mode,” companies could remotely activate the camera — meaning they were surreptitiously snapping, transmitting, and storing pictures of anything in the range of the webcam. Well...

Made in USA? Avoiding a Yankee Doodle Don't

Lesley Fair
There are lots of nifty phone accessories, bottle holders, tow straps, pet items, and lanyards out there. So a label that says the product is Made in the USA may help make the decision for some consumers. When it bears the American flag and says “TRULY MADE IN THE USA,” that just might seal the deal. But according to an FTC lawsuit , a lot of the “Made in the USA” merchandise touted by Logan, Utah-based E.K. Ekcessories wasn’t really made in the...

DONT VIOL8 FDCPA. K? THX

Lesley Fair
If we were sending a text about the FTC’s case against Glendale, California, based debt collector National Attorney Collection Services, that might be all we could convey, given space limitations. That abbreviated headline illustrates just one of the technological challenges posed when using new means of communication. But regardless of the method debt collectors choose when contacting people who owe money, the consumer protections of the Fair...

You’re on Candid Camera

Lesley Fair
In the words of the old TV show, “Smile. You’re on Candid Camera.” But according to an FTC lawsuit alleging lax security by a company selling internet cameras, for the hundreds of consumers whose private lives were watched online, there was nothing to smile about. California-based TRENDnet sells tech gear, including IP cameras many buyers use for security purposes — for example, to monitor the baby or their house or business while they’re out...

FTC's Jamster case: 5 tips for mobile marketers

Lesley Fair
So people were taking a few minutes to play the free version of Angry Birds on their Android device. At some point between the Giant Slingshot and the Mighty Eagle, they got a "Virus Detected" warning . But according to an FTC lawsuit , that scary-looking security alert was phony and just a way for Jamster (the court papers use the corporate name Jesta Digital) to place charges on people's cell phone bills without their express consent. Of course...

Surely you Jesta: Jamster jammed for mobile cramming

Lesley Fair
You thought Angry Birds get peeved at those annoying green pigs? That's nothing compared to consumers’ reaction when they found unauthorized charges “crammed” onto their cell phone bills for phony virus scans that showed up when they played Angry Birds on their Android devices. To settle an FTC lawsuit , Jesta Digital LLC — you may know them as Jamster — will give refunds to a significant number of consumers, pay an additional $1.2 million, and...

"Check" out the $3.5 million penalty in the latest FCRA case

Lesley Fair
Here’s a newsflash: There’s a troubling amount of inaccurate information in people’s credit reports that can result in the denial of a job, a place to live, and even necessities like groceries and medicine. That’s why the Fair Credit Reporting Act requires consumer reporting agencies (CRAs) to “follow reasonable procedures to assure maximum possible accuracy.” The FTC’s settlement with Certegy Check Services — which includes the second-largest...

FTC and Colorado AG: Infomercial pitchman's promissory promises not premised on truth

Lesley Fair
According to the ubiquitous infomercials, to rake in the big bucks with Russell Dalbey’s “wealth-building” programs, all you had to do was “Find ‘Em,” “List ‘Em,” and “Make Money" — the “‘Em” being seller-financed promissory notes. The pitch was convincing to the close to one million people who bought the programs. But according to the FTC and Colorado AG, the defendants’ claims of quick and easy money were deceptive. The case just settled with a...

FTC to mattress companies: Don't pad your green claims

Lesley Fair
If you or your clients make environmental marketing claims, don’t sleep on three actions the FTC just announced against companies that sell mattresses. What's more, the pleadings in one case offer insights into a course of conduct advertisers should avoid in the use of seals and certifications. According the FTC’s lawsuit against Relief-Mart, based in Westlake Village, California, the company advertised its Biogreen memory foam mattresses without...