Blog

When it comes to using online negative options to sell unmentionables (or anything else), there are some material terms and conditions that marketers need to clearly mention. That’s the brief but foundational lesson of the FTC’s $1.3 million settlement with online lingerie seller AdoreMe. AdoreMe billed members of its VIP membership program a monthly fee of $39.95 unless in the first five days of the month they either bought merchandise or...

The “before” photo showed a silver-haired lady in a wheelchair with a hand on her furrowed brow. “24 hours after” and she’s smiling and knitting on the sofa, thanks to a dietary supplement proven in a 1200-person clinical study to reduce or eliminate the symptoms of joint pain, hypertension, diabetes, and depression. And how’s this for a bonus? Users can “easily lose between 8-13 lbs. per week.” Then there’s the pill that “protects brain against...

Like Alanis Morissette’s “rain on your wedding day” or “a free ride when you’ve already paid,” the FTC’s lawsuit against Florida’s NextGen Nutritionals, LLC, Anna McLean, Robert McLean, and related companies – in addition to challenging a number of claims as false or deceptive – includes three allegations that could be characterized as ironic. First, ads for BioMazing HCG, an $84 product represented to contain human chorionic gonadotropin (a...

Online news reports appeared to feature the miraculous results celebrities like Will Ferrell and Paula Deen achieved from muscle-building supplements, weight loss products, and other merchandise. But according to the FTC, those “news reports” were deceptively formatted ads and the claims about “miraculous” results were false or misleading. And those weren’t the only secrets hidden within the promotions. The FTC also alleges that the defendants...

You’ve heard about the “dark web” and wondered how it affects businesses – including small businesses. That was one of the topics addressed at an FTC conference earlier this year on identity theft . Recent headlines about high-profile data breaches have added even more urgency to the discussion. So why should the dark web matter to your company? Unfortunately, when a business suffers a breach, the dark web is often the next stop that sensitive...

In our Stick with Security blog series, we’ve done our best to dive deeper into data security by focusing on the lessons learned from recent cases, insights from closed investigations, and the questions and comments we’ve received from businesses. One remark we’ve heard from companies that want to implement the lessons of Start with Security is “Just give us a list of what to do.” Unfortunately, data security can’t be boiled down to a one-and...

If you think the feuds among the Great Houses of Westeros get intense, consider the dinner table discussions about student loan debt. It’s not just taking a toll on the home front. Experts report that the $1.4 trillion debt burden carried by 42 million Americans is affecting workplace productivity, too. But at a time when consumers need accurate information, opportunistic outfits fly in like Daenerys Targaryen’s dragons with false promises of...

It’s not much bigger than a postage stamp, but the label on many textile, wool, and fur products provides important information, including fiber content, country of origin, and a company name or Registered Identification Number (RN). The FTC administers the RN system and industry members will want to check out recent upgrades to the RN website. With RNs and labels on our mind, we asked some common RN-related questions to attorney Josh Millard...

High-profile hackers grab the headlines. But some data thieves prefer old school methods – rifling through file cabinets, pinching paperwork, and pilfering devices like smartphones and flash drives. As your business bolsters the security of your network, don’t let that take attention away from how you secure documents and devices. FTC law enforcement actions, closed investigations, and experiences we’ve heard from businesses demonstrate the...

In order to reduce the burden associated with submitting detailed information for every document withheld on a claim of privilege, the Bureau has established an optional two-step privilege log process. Rather than submitting a complete privilege log for all withheld documents and custodians, parties may opt to initially submit an abbreviated log of documents withheld on a claim of privilege. This is called a Partial Log. This initial log has very...