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In the face of COVID-19, many small businesses are looking for help from the CARES Act’s Paycheck Protection Program. They may apply for PPP loans through Small Business Administration-authorized lenders and others the SBA has determined to be eligible. But there are concerns that some companies have falsely claimed an affiliation with the SBA or approved PPP lenders, or have represented untruthfully that people can get PPP or other SBA loans by...

We asked you to review and comment on the Contact Lens Rule and you responded. Thousands of you sent comments, and some included surveys, studies, and analyses. After extensive review and consideration of those public comments, as well as the information generated at the 2018 FTC workshop, The Contact Lens Rule and the Evolving Contact Lens Marketplace, the agency has updated the Rule. The Rule changes go into effect 60 days after publication in...

FTC rules can have a substantial impact on businesses and on the everyday lives of consumers. As part of its ongoing review of existing rules, the FTC periodically seeks your input on whether a particular one still performs its desired function or if it’s been overtaken by changes in technology or the marketplace. Next in the review queue is a rule that’s been around for almost 50 years and the FTC is asking if it should be repealed. It’s the...

If your clients are interested in Made in USA issues – and you know they are – there are two developments at the FTC they need to know about. First, the FTC just announced a Notice of Proposed Rulemaking for a Made in USA Labeling Rule. You’ll want to read the notice in detail, but the proposed Rule would apply to labels on products that make unqualified Made in USA claims. (In FTC parlance, an “unqualified” claim is a broad representation made...

During this pandemic, preserving public health has, rightly, been our nation’s top concern. But a lively debate has arisen during this time about whether that top priority necessarily means that other values – such as privacy – need to give way. If tracking people’s location will facilitate contact tracing and enforcement of shelter-in-place mandates, do we give governments and commercial partners carte blanche to track our whereabouts? Will...

Saunas, IV vitamins, pulsed electromagnetic field (PEMF) devices, and licorice – yes, licorice – are among the subjects of the latest round of FTC staff warning letters sent to 30 companies promoting their products and services with COVID-19 prevention or treatment claims. Who got the latest letters and what representations raised concerns? Arlington Integrative Medical Center. The Texas clinic advertised on its website (and in ALL CAPS):...

The beige envelope says IMPORTANT COVID-19 ECONOMIC STIMULUS DOCUMENT ENCLOSED. Inside – next to what appears to be the Great Seal of the United States – is the phrase COVID-19 STIMULUS (INDIVIDUAL) and a 16-digit serial number. The mailer also includes a check purporting to be from the “Stimulus Relief Program.” Is it official information affiliated with a COVID-19 economic stimulus program? We won’t leave you in suspense. It’s a car ad. The FTC...

The experts who have headlined the FTC’s first four PrivacyCon events are among the innovators whose research has allowed many of us to work remotely in recent months. So there’s a certain symmetry to the FTC’s announcement that the fifth annual PrivacyCon will convene virtually on July 21, 2020. Aside from shifting to an online-only platform, everything else about PrivacyCon will remain the same. The event will feature the latest research...

For businesses, cloud services are kind of like clouds. At their best, they can be soothing and expansive. But for companies that fail to appreciate the security implications, their ethereal presence may hide dangerous storms within. As cloud computing has become business as usual for many businesses, frequent news reports about data breaches and other missteps should make companies think carefully about how they secure their data. The FTC has...

An FTC complaint against Kohl’s Department Stores alleges the retailer violated the Fair Credit Reporting Act by refusing to provide victims of identity theft with complete records of questionable transactions – a right the FCRA guarantees to victimized consumers. The $220,000 settlement is a reminder to other companies to rethink their approach to that provision of the law. The FTC’s allegations start with the plain language of Section 609(e) of...