Blog

The FTC’s administrative litigation against NTT Global Data Centers Americas, Inc., just ended with a proposed settlement – and an important compliance message for companies that claim participation in the EU-U.S. Privacy Shield framework. Administered by the U.S. Department of Commerce, the Privacy Shield Framework enables companies to lawfully transfer consumer data from countries in the European Union to the United States. Participation is...

For consumers struggling with severe or chronic pain, ads for a product called Willow Curve appeared to offer light at the end of the tunnel. But the FTC alleges the marketers made false and unsubstantiated claims for the product, a device that applied low-level light and mild heat to the site of pain – and set people back between $599 and $799 in the process. The proposed settlement also sheds light on the FTC’s ongoing concern with deceptive...

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 Next in the review queue is a rule that’s been around for almost 50 years and the FTC is asking if it should be repealed.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...