Legal Library: Cases and Proceedings

The FTC issued an administrative complaint challenging the merger of two prosthetics manufacturers that are top sellers of prosthetic knees equipped with microprocessors. According to the FTC’s complaint, Otto Bock’s consummated acquisition of FIH Group Holdings (owner of Freedom Innovations) harmed competition in the U.S. market for microprocessor prosthetic knees by eliminating head-to-head competition between the two companies, removing a significant and disruptive competitor, and entrenching Otto Bock’s position as the dominant supplier. Microprocessor knees, which use microprocessors to adjust the stiffness and positioning of the joint in response to variations in walking rhythm and ground conditions, provide a stable platform for amputees. Compared to other products, microprocessor prosthetic knees reduce the risk of falling, cause less pain, and promote the health and function of the sound limb. In addition to issuing an administrative complaint, the Commission authorized agency staff to seek a temporary restraining order, preliminary injunction, and ancillary relief in federal court, should doing so be necessary to ensure the Freedom Innovations business remains viable and to preserve the Commission ability to order effective relief. On Dec. 1, 2020, the Commission announced approval for the divestiture of the Freedom assets.

The marketers of a dietary supplement called Synovia agreed to settle FTC charges by halting the deceptive tactics they allegedly used to mislead consumers into thinking Synovia could treat arthritis and alleviate joint pain. In December 2020, the Commission announced it was returning almost $775,000 to consumers who both the deceptively marketed product.

The Federal Trade Commission has taken action against a debt collection company that allegedly placed bogus or highly questionable debts onto consumers’ credit reports to coerce them to pay the debts. Under a settlement with the FTC, the company, Midwest Recovery Systems (Midwest Recovery), is prohibited from the practice, known as “debt parking,” and required to delete the debts it previously reported to credit reporting agencies. The FTC alleged that Midwest Recovery collected more than $24 million from consumers on such debts, largely by debt parking.

CoreLogic, Inc. agreed to settle FTC charges that its proposed $661 million acquisition of DataQuick Information Systems, Inc. from TPG VI Ontario 1 AIV L.P. would likely substantially lessen competition in the market for national assessor and recorder bulk data. The FTC’s proposed settlement order requires CoreLogic to license to Renwood RealtyTrac national assessor and recorder bulk data as well as several ancillary data sets that DataQuick provides to its customers. The order allows RealtyTrac to offer customers the data and services that DataQuick now offers and to become an effective competitor in the market.

In May 2021, The FTC announced a law enforcement action to halt deceptive health and efficacy claims in the growing market for cannabidiol (CBD) products. In the action—the first since the Commission announced a crackdown on such false claims last December—Scottsdale, Arizona-based Kushly Industries LLC (Kushly) and the company’s sole officer Cody Alt agreed not to make false or unsupported claims or falsely claim that scientific evidence exists to back them up. They also paid the FTC more than $30,000 in consumer redress.

On October 21, 2019, the FTC announced it had halted the deceptive online marketing tactics of cosmetics firm Sunday Riley Modern Skincare, LLC and its CEO. Under the order settling the FTC’s complaint the defendants were banned from misleading consumers by posting fake reviews of the company’s products on a major retailer’s website, at the CEO’s direction, and by failing to disclose that the reviewers were company employees. The FTC announced approval of the final order in November 2020.

The FTC reached settlements with the promoters of recruitment-based cryptocurrency schemes.

The FTC sued RagingWire Data Centers, Inc. over allegations that the company misled consumers about its participation in the EU-U.S. Privacy Shield framework and failed to adhere to the program’s requirements before allowing its certification to lapse.  A proposed consent agreement that would settle those allegations was announced on June 30, 2020.  

In response to an FTC complaint, in April 2020, a California-based marketer of a supplement consisting mainly of Vitamin C and herbal extracts has agreed to a preliminary order barring him from claiming that it is effective at treating, preventing, or reducing the risk of COVID-19. Pending the resolution of a parallel administrative case, the proposed preliminary order also bars Marc Ching, doing business as Whole Leaf Organics, from claiming that three CBD-based products he sells are effective cancer treatments. The Commission approved the final administrative order in this case in October 2020.

In response to an FTC complaint, in April 2020, a California-based marketer of a supplement consisting mainly of Vitamin C and herbal extracts has agreed to a preliminary order barring him from claiming that it is effective at treating, preventing, or reducing the risk of COVID-19. Pending the resolution of a parallel administrative case, the proposed preliminary order also bars Marc Ching, doing business as Whole Leaf Organics, from claiming that three CBD-based products he sells are effective cancer treatments.

The Federal Trade Commission has filed an administrative complaint challenging a proposed joint venture between Peabody Energy Corporation and Arch Coal. The transaction would combine their coal mining operations in the Southern Powder River Basin, located in northeastern Wyoming. The complaint alleges that the transaction will eliminate competition between Peabody and Arch Coal, the two major competitors in the market for thermal coal in the Southern Powder River Basin, and the two largest coal-mining companies in the United States. On Sept. 29, 2020, the U.S. District Court for the Eastern District of Missouri granted the FTC’s request for a preliminary injunction, and the parties abandoned their transaction.

A Rhode Island company and its owner will be permanently prohibited from misrepresenting they are affiliated with the U.S. Small Business Administration (SBA) as part of a settlement resolving Federal Trade Commission charges they misled consumers in the early days of the coronavirus pandemic. Ponte Investments, LLC, and its owner John C. Ponte were charged by the FTC in April 2020 with misleading small businesses to think they had an affiliation with the SBA and could offer companies access to the coronavirus relief programs administered by the agency.