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The lesson of the MARS Rule: Not one penny up front

Lesley Fair
Like calling an NFL lineman “Tiny,” we appreciate an ironic name as much as the next person. But it’s different when a company calls itself – among other things – Consumer Defense, Preferred Law, and Modification Review Board and then makes allegedly deceptive claims regarding loan modification services to consumers struggling to hold onto their homes. An FTC lawsuit filed against a related group of 14 companies and individuals charges them with...

FTC, FDA warn sellers of questionable opioid treatment products

Lesley Fair
There’s one thing people struggling with opioid addiction need: the facts. And there’s something that can hinder their recovery and perhaps even lead to relapse: unproven treatments promoted with deceptive advertising claims. Partnering with federal health agencies, the FTC has announced efforts related to both issues – and there are steps your business can take to lend a hand. The FTC and SAMHSA (HHS’ Substance Abuse and Mental Health Services...

Making Made in USA claims? Hang your hat on accuracy.

Lesley Fair
As the saying goes, some people wear their hearts on their sleeve. And many consumers who feel strongly that “American Made Matters” wear their hearts on their head. In other words, when selecting among competing derbies, fedoras, porkpies, or stingy brims, they may have chosen hats manufactured by Pennsylvania-based Bollman Hat Company and advertised with the claim “American Made Matters – Choose American.” An FTC complaint challenges that...

So You Received a CID: FAQs for Small Businesses

Thomas B. Pahl, Acting Director, FTC Bureau of Consumer Protection
So you’ve received a Civil Investigative Demand (CID) from the Federal Trade Commission related to a consumer protection matter. Now what? We appreciate that it can be daunting for any company – especially a small business – and we want to be as transparent as possible about the process. Here are questions we’ve heard from businesses that have received CIDs and answers we hope shed some light on our procedures. (By the way, these FAQs apply to...

Vertical mergers, yesterday and today

Bruce Hoffman, Bureau of Competition
Last week, I spoke about a topic that has attracted a lot of popular interest in antitrust enforcement lately—vertical merger enforcement. We view vertical mergers as an important part of the FTC’s enforcement agenda. However, it is true that, relative to horizontal mergers, vertical mergers are a smaller part of the workload of the FTC and the DOJ’s Antitrust Division. I wanted to address that difference by discussing three issues: (1) what are...

Voices for Liberty Videos: “Fireside chat” participants explain burdens of unnecessary occupational licensing

Tara Koslov, Office of Policy Planning
When Acting Chairman Ohlhausen launched the FTC’s Economic Liberty Task Force in early 2017 to shine a spotlight on occupational licensing, the goal was not only to advocate for needed reforms. She also wanted to give a voice to the millions of American workers and consumers – especially military families – whose lives and livelihoods are impacted by misguided policies. Unnecessary licensing requirements affect workers throughout the economy and...

Telemarketing Sales Rule requires clarity on charity

Lesley Fair
Some people say charity begins at home. But for telemarketers, truthful information about charity begins on the phone. That’s the message of an FTC settlement with InfoCision, an Ohio-based for-profit telemarketer that solicits contributions on behalf of well-known charities. If you represent professional charity fundraisers or have an affiliation with charitable organizations that ask for money by phone, it could be time for a Telemarketing...

FTC challenges claims that products could treat side effects of cancer treatment

Lesley Fair
The FTC’s fight against the deceptive marketing of unproven cancer treatments goes back to the early days of the agency , and it’s disappointing that we still need to bring cases of that nature. But you can add the FTC’s settlement with Florida-based CellMark Biopharma and CEO Derek Vest to that list – and the deceptive claims they pitched to people battling cancer are particularly disconcerting. Two serious complications of cancer treatment are...

FTC staff offers perspectives on connected car workshop

Lesley Fair
Car ads used to include shorthand like 2D, AWD, and AC. Today’s car buyer is just as likely to ask about USB, GPS, and wifi. Last June, the FTC and the National Highway Traffic Safety Administration (NHTSA) hosted a workshop in Washington to discuss the types of information that connected and autonomous cars collect and the ways the data can be used. FTC staff just issued a Staff Perspective that outlines key takeaways from the workshop. You’ll...

VTech settlement cautions companies to keep COPPA-covered data secure

Lesley Fair
We can’t guarantee its effectiveness in getting kids to eat their vegetables or finish their homework. But there’s one circumstance in which a Mom or Dad’s “Because I said so . . . .” is the law of the land. When it comes to the online collection of personal information from kids under 13, the Children’s Online Privacy Protection Rule (COPPA) puts parents in charge. An FTC lawsuit against VTech, a big name in electronic learning products for the...