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If your HSR compliance program tracks only those acquisitions that require a payment, you may miss a variety of reportable acquisitions, leading to liability and fines for failures to file. In most situations, you have to file notification under the Hart-Scott-Rodino Act before you pay to purchase voting securities, assets, or certain non-corporate interests. As a result, many HSR compliance programs kick in when someone has to write a check...

On April 27, 2018, the United States Court of Appeals for the D.C. Circuit dismissed a challenge to a November 2016 FTC staff letter addressing certain prerecorded calls or “robocalls” using soundboard technology. Soundboard robocalls use live agents to play recorded messages instead of talking to the person who picks up the phone. Over the years, the FTC has received numerous complaints about these calls from consumers reporting that they weren...

Mosquitoes don’t just bug us. A big concern is their penchant for passing along pernicious diseases, including the Zika virus. New Jersey-based Aromaflage claimed its sprays and candles were effective at repelling mosquitoes – including ones that spread serious illnesses – and repelled mosquitoes as effectively as 25% DEET. The FTC alleges those representations were false or misleading. The complaint also raises an issue about the identity of...

Why are you mumbling? The TV is not too loud! What did you say? This restaurant is like Grand Central Station. For millions of Americans, an unwelcome “I’m turning into my parents” milestone is noticing that conversations aren’t as clear as they used to be. Hearing aids can be pricey though and aren’t covered by traditional Medicare or most insurance. Three related Florida businesses stepped into the marketplace with MSA 30X, a device advertised...

Sometimes a picture really is worth a thousand words. According to warning letters from the FDA and FTC, certain sellers of e-liquids – flavorings for e-cigarettes – are using packaging that imitates foods or beverages popular with children. Little kids who ingest what’s inside boxes that appear to be apple juice, cookies, candy, etc., risk acute nicotine toxicity, poisoning that can result in seizure, coma, cardiac and respiratory arrest, and...

Keep a watchful eye on your service providers. For conscientious companies, that’s Privacy & Data Security 101. It’s also a key compliance tip from the FTC’s proposed settlement with mobile device manufacturer BLU. Florida-based BLU sells mobile devices – according to the company, more than 50 million of them – through big-name national and global retailers. It outsources production to manufacturers who built the devices to BLU’s specifications...

Remember that public service announcement: “It’s 8:00. Do you know where your children are?” Technology has given parents tools for answering that question. But under the Children’s Online Privacy Protection Rule, online services touted as ways to keep kids connected need to comply with key parental notice and consent provisions of COPPA – especially when they’re collecting children’s geolocation. That’s the message of two warning letters just...

It’s a given that companies shouldn’t charge consumers hidden fees. But it raises a particular concern when an online lender makes “No Hidden Fees” claims a centerpiece of its marketing – and then deducts from those loans hundreds or even thousands of dollars in hidden up-front fees. According to a lawsuit filed by the FTC, Lending Club, which bills itself as “the world’s largest online marketplace connecting borrowers and investors,” attracts...

Last year, we heard from small business owners about their cybersecurity challenges at a series of roundtable discussions the FTC hosted with some of its partners. What we learned is that small business owners need and want information on how to keep their computer systems and business data safe. So we’re planning to provide that to them. Later this year, the FTC will launch a small business education campaign on cybersecurity, in partnership...

In its August 2017 proposed consent agreement with Uber, the FTC alleged, among other things, that the company’s unreasonable security practices resulted in a May 2014 data breach. But there’s more to the story now. According to the FTC, Uber experienced another breach in the fall of 2016 – right in the middle of the FTC’s nonpublic investigation – but didn’t disclose it to the FTC until November 2017. To address that issue, the FTC has withdrawn...