Legal Library: Cases and Proceedings

LightYear Dealer Technologies, LLC settled Federal Trade Commission allegations that the auto dealer software provider failed to take reasonable steps to secure consumers' data, leading to a breach that exposed the personal information of millions of consumers. 

In July 2017, the FTC obtained court orders against this Maryland-based office supply operation charged with tricking small businesses, non-profit organizations, and other consumers into paying for overpriced office and cleaning supplies they never ordered. The stipulated orders setting the FTC’s complaint barred the company and its principals from telemarketing office and cleaning supplies. It also imposed a financial judgment against them, resulting in the Commission sending  refund checks totaling more than $11.6 million to small businesses and other organizations in August 2019.

In February 2017, the FTC and the Maine AG’s office announced a complaint and three settlements with dietary supplement marketers who allegedly used radio infomercials deceptively formatted as talk shows and print ads featuring fictitious endorsers to advertise supplements purporting to improve memory and to reduce back and joint pain. The settlement orders resolving charges against the named in the complaint bar them from making similar deceptive claims, and prohibit them from engaging in a wide range of marketing practices that have caused serious financial injury to consumers. In April 2015, the FTC sent refunds to consumers who bought one of the company deceptively marketed supplements, CogniPrin. In August 2019, the FTC send refunds to consumers who bought FlexiPrin, another supplement the company sold.

The Federal Trade Commission finalized five separate proposed administrative complaints and orders enforcing the Consumer Review Fairness Act (CRFA), which prohibits businesses from using form contract provisions that bar consumers from writing or posting negative reviews online, or threatening them with legal action if they do. These are the first five Commission actions exclusively focused on enforcing the CRFA, with the complaints filed against: 1) A Waldron HVAC, LLC and its owner, Thomas J. Waldron; 2) National Floors Direct, Inc. (NFD); 3) LVTR LLC (LTVR) and its owner, Tomi A. Truax; 4) Shore to Please Vacations LLC; and 5) Staffordshire Property Management, LLC. Each respondent agreed to separate final Commission orders barring them from using such non-disparagement clauses in form contracts for goods and services, and requiring them to notify consumers who signed such contracts that the prohibited text is not enforceable. The FTC sent two letters in response to public comments in the Staffordshire matter.

The Federal Trade Commission finalized five separate proposed administrative complaints and orders enforcing the Consumer Review Fairness Act (CRFA), which prohibits businesses from using form contract provisions that bar consumers from writing or posting negative reviews online, or threatening them with legal action if they do. These are the first five Commission actions exclusively focused on enforcing the CRFA, with the complaints filed against: 1) A Waldron HVAC, LLC and its owner, Thomas J. Waldron; 2) National Floors Direct, Inc. (NFD); 3) LVTR LLC (LTVR) and its owner, Tomi A. Truax; 4) Shore to Please Vacations LLC; and 5) Staffordshire Property Management, LLC. Each respondent agreed to separate final Commission orders barring them from using such non-disparagement clauses in form contracts for goods and services, and requiring them to notify consumers who signed such contracts that the prohibited text is not enforceable. The FTC sent two letters in response to public comments in the Staffordshire matter.

The Federal Trade Commission finalized five separate proposed administrative complaints and orders enforcing the Consumer Review Fairness Act (CRFA), which prohibits businesses from using form contract provisions that bar consumers from writing or posting negative reviews online, or threatening them with legal action if they do. These are the first five Commission actions exclusively focused on enforcing the CRFA, with the complaints filed against: 1) A Waldron HVAC, LLC and its owner, Thomas J. Waldron; 2) National Floors Direct, Inc. (NFD); 3) LVTR LLC (LTVR) and its owner, Tomi A. Truax; 4) Shore to Please Vacations LLC; and 5) Staffordshire Property Management, LLC. Each respondent agreed to separate final Commission orders barring them from using such non-disparagement clauses in form contracts for goods and services, and requiring them to notify consumers who signed such contracts that the prohibited text is not enforceable. The FTC sent two letters in response to public comments in the Staffordshire matter.

The Federal Trade Commission finalized five separate proposed administrative complaints and orders enforcing the Consumer Review Fairness Act (CRFA), which prohibits businesses from using form contract provisions that bar consumers from writing or posting negative reviews online, or threatening them with legal action if they do. These are the first five Commission actions exclusively focused on enforcing the CRFA, with the complaints filed against: 1) A Waldron HVAC, LLC and its owner, Thomas J. Waldron; 2) National Floors Direct, Inc. (NFD); 3) LVTR LLC (LTVR) and its owner, Tomi A. Truax; 4) Shore to Please Vacations LLC; and 5) Staffordshire Property Management, LLC. Each respondent agreed to separate final Commission orders barring them from using such non-disparagement clauses in form contracts for goods and services, and requiring them to notify consumers who signed such contracts that the prohibited text is not enforceable. The FTC sent two letters in response to public comments in the Staffordshire matter.

The Federal Trade Commission finalized five separate proposed administrative complaints and orders enforcing the Consumer Review Fairness Act (CRFA), which prohibits businesses from using form contract provisions that bar consumers from writing or posting negative reviews online, or threatening them with legal action if they do. These are the first five Commission actions exclusively focused on enforcing the CRFA, with the complaints filed against: 1) A Waldron HVAC, LLC and its owner, Thomas J. Waldron; 2) National Floors Direct, Inc. (NFD); 3) LVTR LLC (LTVR) and its owner, Tomi A. Truax; 4) Shore to Please Vacations LLC; and 5) Staffordshire Property Management, LLC. Each respondent agreed to separate final Commission orders barring them from using such non-disparagement clauses in form contracts for goods and services, and requiring them to notify consumers who signed such contracts that the prohibited text is not enforceable. The FTC sent two letters in response to public comments in the Staffordshire matter.

In July 2019, the FTC sent refunds totaling more than $708,000 to consumers and businesses that had been tricked into paying for unordered light bulbs and cleaning supplies. The Commission’s February 2016 complaint alleged the Lighting X-Change defendants’ telemarketers failed to disclose to consumers that they were making a sales call, pretended they had a previous business relationship with the recipients, and falsely claimed that they wanted to send a free sample or catalog. Instead, they sent unordered light bulbs and cleaning supplies without disclosing the price up-front, and billed the recipients much more than market price for the products. A July 2017 order settling the charges banned the defendants from the illegal shipping and billing practices, and imposed a financial penalty that was used to provide the consumer refunds.

The Federal Trade Commission mailed 1,177 checks totaling more than $380,000 to people who paid for purported business coaching services that were marketed as a way to help them earn thousands of dollars a month.

Announced in June 2019 as part of a crackdown on illegal robocalls against operations around the country responsible for more than one billion calls, this proposed court order permanently bans Nicholas and Nicole Long from calling phone numbers listed on the DNC Registry and from robocalling. It also prohibits Media Mix 365 from calling phone numbers listed on the DNC Registry unless it has the express, written agreement of the recipient to receive such calls or has an established business relationship with the recipient. According to the FTC’s complaint against Media Mix 365, the defendants made illegal calls to develop leads for home solar energy companies.

The FTC is mailing 305 checks totaling $314,945 to consumers who paid up-front for worthless credit card interest rate reduction programs pitched by Payless Solutions using illegal robocalls.

A Georgia-based distributor of water filtration systems has agreed to pay a $110,000 civil penalty to settle Federal Trade Commission charges that it violated a 2017 Federal Trade Commission administrative order by making false claims that wholly imported Chinese water filtration systems were made in the United States.