Blog

We like to think of September 26th as a notable date in consumer protection history. On that day in 1914, the Federal Trade Commission opened its doors. And on that day in 2019, the FTC will convene a workshop on Made in the USA claims. “Made in the USA” has become a staple in advertising, on products, and on packaging. Based on public hearings, consumer perception research, and thousands of comments from interested parties, the FTC issued its...

We tell businesses it’s wise to disclose prices clearly. So it’s only right that we follow our own advice. Before calling consumers, telemarketers must “scrub” their lists against the National Do Not Call Registry to make sure they don’t call people who have registered their numbers. The first five area codes are free, but after that, businesses pay a fee. Certain groups are exempt from the fee – for example, some charitable organizations. We...

The FTC’s Bureau of Economics is updating its guidance regarding the best practices for submitting data and economic analysis related to antitrust investigations. BE routinely engages in econometric analysis of data obtained from the parties, third parties, and independent data vendors. Similarly, consultants retained by the parties often submit their own quantitative analyses. The importance of empirical analyses to policy decisions means that...

Are you a fast-learning, tech-savvy professional driven to use your expertise to help ensure that competitive technological innovation benefits consumers? Then the FTC may have a unique opportunity for you to work in Washington, D.C. alongside antitrust attorneys and economists probing the competitive dynamics driving today’s technology-driven online ecosystem. The FTC’s recently created Technology Task Force is looking for an experienced...

The time has come to take a closer look at loot boxes. The FTC’s workshop, Inside the Game: Unlocking the Consumer Issues Surrounding Loot Boxes, begins at 10:00 ET today. Moments before the start time we’ll post a link to the live webcast. FTC staff will be tweeting from @FTC using the hashtag #LootboxFTC. Interested in putting your perspectives on the public record? File a comment online by October 11, 2019.

According to musical legend, a buddy of songwriter Jim Weatherly commented that his girlfriend was leaving on the “midnight plane to Houston.” The buddy was Lee Majors of Six Million Dollar Man fame and his girlfriend (and later wife) was actress Farrah Fawcett. Mr. Weatherly filed the phrase away and later used it as inspiration for his megahit, Midnight Train to Georgia. Our point – and yes, we have one – is that no matter how you get there...

For members of the videogame industry, loot boxes are no game. They’re a serious part of the revenue stream. But do loot boxes – grab bags of digital goodies bought with in-game virtual currency or real money – raise consumer protection concerns? What about the potential impact on young consumers? FTC staff and national experts are talking that over at an August 7, 2019, workshop, Inside the Game: Unlocking the Consumer Issues Surrounding Loot...

The data that Facebook collects about its users could reveal a lot about users’ personalities. A company named Cambridge Analytica sure thought so. The FTC alleges Cambridge Analytica used false and deceptive tactics to harvest personal information from tens of millions of Facebook users – data later used to profile and target U.S. voters. The FTC’s lawsuit against the company – and a settlement with its former CEO and an affiliated app developer...

If you’ve ever wondered what a paradigm shift looks like, you’re witnessing one today. The FTC’s $5 billion civil penalty against Facebook for violations of an earlier FTC order is record-breaking and history-making. In addition, the settlement requires Facebook to implement changes to its privacy practices, its corporate structure, and the role of CEO Mark Zuckerberg that are seismic in scope. Simply put, when it comes to the business of...

The Front Office of the FTC’s Bureau of Competition receives a great deal of advocacy from the bar. Virtually every day, parties and their counsel make arguments and present evidence to us regarding the various merger and conduct matters handled by the Bureau’s various Divisions. Some of this advocacy is conducted in person, but much of it takes place on paper, in the memoranda universally known as “white papers.” In some ways, white papers can...