Legal Library: Cases and Proceedings

Former Cambridge Analytica, LLC CEO Alexander Nix and Aleksandr Kogan, an app developer who worked with the company, settled Federal Trade Commission allegations that they used deceptive tactics to collect personal information from tens of millions of Facebook users for voter profiling and targeting. 

According to the agency’s April 2019 complaint, UrthBox violated the FTC Act by misrepresenting that positive consumer reviews on the BBB’s and other websites reflected the independent experiences or opinions of impartial consumers, while the reviewers actually had a material connection to the company. The FTC alleged that UrthBox did not adequately disclose that some consumers received compensation, including free snack boxes, to post those positive reviews. The final order settling the FTC’s charges bars the respondents from engaging in similar conduct and requires them to pay $100,000 to the FTC. In December 2019, the FTC returned more than $84,000 to compensate consumers charged after signing up for the trial offer.

Food distributor US Foods, Inc. has agreed to divest assets to settle Federal Trade Commission charges that US Foods, Inc.’s proposed $1.8 billion acquisition of Services Group of America, Inc. would violate federal antitrust law. The complaint alleges that, in Eastern Idaho, Western North Dakota, Eastern North Dakota, and the Seattle area, the transaction would eliminate a key broadline distributor and limit customers’ ability to switch between distributors to obtain better pricing and service. Under the proposed consent agreement, within 30 days of the acquisition closing, US Foods must divest three FSA distribution centers: one in Boise, Idaho; another in Fargo, North Dakota (FSA competes in both Eastern and Western North Dakota out of this facility); and a third in the greater Seattle area. On Nov. 19, 2019, the FTC announced that it has approved a final order settling the charges.

The FTC’s December 2016 complaint alleged that between 2011 and 2016 the defendants called timeshare property owners falsely claiming that they had a buyer or renter ready to buy or rent their properties for a specified price, or making false promises to sell the timeshares quickly. A May 2018 settlement order permanently banned the defendants from timeshare resale services and telemarketing and required them to surrender approximately $3.4 million worth of assets to the Commission. On October 10, 2019, the FTC mailed 8,088 refund checks totaling nearly $2.7 million to consumers defrauded by the scheme.

The operators of a student loan debt relief scam have agreed to settle Federal Trade Commission charges that they bilked millions from consumers by falsely claiming to enroll consumers in loan forgiveness programs, for which they charged up to $1,000 in illegal upfront fees. The FTC alleged in its complaint that the defendants deceptively telemarketed their document preparation service by misrepresenting an affiliation with the Department of Education or consumers’ loan servicers, and that consumers who paid defendants an up-front fee were qualified for or approved to receive permanently reduced monthly payments or their student loans would be forgiven or discharged. On September 30, 2019, the FTC sent more than $5.4 million to nearly 40,000 people who lost money to the alleged scheme.

The FTC issued an administrative complaint charging that Fidelity National Financial’s proposed $1.2 billion acquisition of Stewart Information Services would violate the antitrust laws by significantly reducing competition for title insurance underwriting for large commercial transactions in 45 states and the District of Columbia, and for title information services in 14 local markets. The FTC alleges that if consummated, the merger would reduce an industry dominated by “the Big 4” players to the Big 3. Post-merger, Fidelity would control more than 43 percent of all title insurance sales nationwide, and over 40 percent of sales for large commercial transactions in most state-level markets. The FTC also authorized staff to seek in federal court a temporary restraining order and a preliminary injunction to prevent the parties from consummating the merger, and to maintain the status quo pending the administrative proceeding. On Sept. 10, 2019, the parties abandoned the transaction.

Chemical companies Quaker Chemical Corp and Houghton International Inc. have agreed to divest assets to a subsidiary of French multinational corporation Total S.A., to settle Federal Trade Commission charges that Quaker’s proposed $1.4 billion acquisition of Houghton would violate federal antitrust law. According to the complaint, the proposed acquisition would harm competition in the North American market for aluminum hot rolling oil and associated technical support services; and in the North American market for steel cold rolling oils, and associated technical support services. Steel cold rolling oils include sheet cold rolling oil, pickle oil, and tin plate rolling oil. Under the proposed settlement agreement, Quaker must divest Houghton’s North American aluminum hot rolling oil and steel cold rolling oil product lines and related assets to Total. On Sept. 12, 2019, the FTC announced that it has approved a final order in this matter.

In November 2017, the Federal Trade Commission charged a Georgia-based debt collection business with tricking people into paying money for debts they did not owe. A federal court temporarily halted the scheme and froze its assets at the FTC’s request. In September 2018, the operators settled the FTC’s claims and are now banned from the debt collection business and from buying or selling debt. The FTC mailed refund checks in September 2019 totaling more than $516,000 to 3,977 consumers as part of the settlement.

The FTC alleged that while SecurTest initiated a Privacy Shield application in September 2017 with the U.S. Department of Commerce, the company did not complete the steps necessary to be certified as complying with the frameworks. Because it failed to complete certification, SecurTest was not a certified participant in the frameworks, despite representations to the contrary on its website. The settlement with the FTC prohibits SecurTest from misrepresenting its participation in any privacy or security program sponsored by a government, self-regulatory, or standard-setting organization, including the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield frameworks. It also must comply with reporting and compliance requirements.

The Federal Trade Commission reached settlements with a group of St. Louis-based defendants who used deceptive Internet pop-up ads to trick consumers into buying unnecessary technical support services.

The Federal Trade Commission sued Lights of America Inc. and related defendants for violating federal law by misrepresenting the light output and life expectancy of their LED bulbs, and falsely comparing the brightness of their LED bulbs with that of other light bulbs. A federal court ordered the defendants to pay $21 million to the FTC to provide refunds and banned the defendants from misrepresenting material facts about lighting products. Millions of people bought these LED bulbs at Costco, Sam’s Club, Walmart, hardware stores, grocery stores, and on Amazon.com. The FTC has already returned more than $12 million to people who bought these light bulbs. The claims process is still open.

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.