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Business Blog

Are you OK with the F-C-R-A?

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The Fair Credit Reporting Act isn’t just about credit. If your company uses background checks in making personnel decisions, the FTC reminds you of your obligations under the FCRA. In honor of...
Business Blog

Performing seals

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You don’t need to go to a water park to see performing seals. You can spot them on websites where they perform the function of conveying information about the purported environmental benefits of...
Business Blog

Mything the point: 6 (OK, maybe 7) myths about endorsements

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If there’s a material connection between a marketer and an endorser, disclose it. That’s been the FTC standard for decades and it didn't change when marketing moved to social media. The FTC’s proposed...
Business Blog

Why 603(y) doesn’t apply

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Does your company use background checks in evaluating job applicants? If so, are you complying with the Fair Credit Reporting Act’s notice, consent, and disclosure requirements? A closing letter the...
Business Blog

When buzz goes bad

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It’s one thing to create buzz about a product. But fail to disclose a material connection between an endorser and an advertiser and that buzz can wind up stinging you. That’s the message of an FTC...
Business Blog

Third Circuit rules in FTC v. Wyndham case

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FTC watchers and data security mavens, it’s the decision you’ve been waiting for . The United States Court of Appeals for the Third Circuit has issued a ruling in the Commission’s favor in FTC v...
Business Blog

Trip the light? Fantastic.

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It doesn’t take much to convince us we need something new for the shoe closet – and our vintage high-tops and periwinkle platforms stand as a silent testament to that. But an ultraviolet light...
Business Blog

Candid answers to CAN-SPAM questions

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The classic 40s movie An Email to Three Wives , the R&B hit Take an Email, Maria , and C.S. Lewis’ The Screwtape Emails . The titles would have been different if they had been written recently. Email...
Business Blog

Debt to rights

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Record-breaking refund programs are usually cause for celebration. But the FTC’s largest-ever debt collection redress case offers sobering insights into the lengths some companies will go to illegally...
Business Blog

What’s on boomers’ minds?

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Baby boomers are running scared and marketers are in hot pursuit. What strikes such fear? The specter of memory loss and cognitive impairment severe enough to turn you into “a prisoner” in your own...
Business Blog

Vegas dealers called for deceptive claims

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They say what happens in Vegas stays in Vegas. But here’s one thing that doesn’t belong in Vegas or anywhere else: ads that draw buyers in with eye-catching terms while burying the “gotchas” in fine...
Business Blog

3 dos, 3 don’ts, and 1 don’t-even-think-about-it

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It’s a text that would make most people take notice: ALERT ALERT ALERT .. YOUR PAYMENT WAS DECLINED DUE TO AN INSUFFICIENT ACH TRANSACTION…CALL 866.597.3075 . But it wasn’t really an alert. There wasn...
Business Blog

Lifestyles of the pitchin’ shameless

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Caribbean cruises, jet ski outings, trips to Disneyworld, tickets to sporting events and concerts, and even dating service subscriptions. You’d expect to see that on reruns of “Lifestyles of the Rich...
Business Blog

Shifty shades of gray

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Everyone harbors a dark secret – a forbidden mystery concealed behind closed doors. Three cases just filed by the FTC pull back the curtain on one of those taboos: The efforts people make to hide the...
Business Blog

Affiliation explication

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If you’re active in affiliate marketing, a summary judgment ruling by a United States District Court offers additional support for the conclusion that “Who, me?” isn’t likely to be a persuasive...