Legal Library: Cases and Proceedings

In August 2023, the FTC approved a proposed consent order to resolve antitrust concerns surrounding Intercontinental Exchange, Inc.’s (ICE) proposed $13.1 billion acquisition of Black Knight, Inc. The proposed settlement ensures Black Knight’s divestiture of Empower and Optimal Blue, two businesses that provide critical services in the mortgage origination process. The FTC also secured other concessions to promote the success of the divested businesses. On November 3, 2023, the FTC approved the final consent order.  

In November 2022, the FTC announced it stopped internet phone service provider Vonage from taking consumers’ money without their consent and creating obstacles to those who try to cancel their service. Under a proposed court order agreed to by Vonage, the company will be required to pay $100 million to refund consumers harmed by its actions, make its cancellation process simple and transparent, and stop charging consumers without their consent. In October 2023, the FTC sent nearly $100 million in refunds to consumers who lost money as a result of internet phone service provider Vonage imposing junk fees and creating obstacles to those who try to cancel their service. 

The Federal Trade Commission sued to stop four related defendants from deceptively marketing their 1 Virus Buster Invisible Mask (Invisible Mask) that purportedly creates a three-foot barrier of protection against 99.9 percent of all viruses and bacteria, including COVID-19 – without any scientific proof that the product actually works.

A court has granted the Federal Trade Commission’s request to preliminarily halt a scheme in which the defendants operated hundreds of websites that promised a quick and easy government service, such as renewing a driver’s license, or eligibility determinations for public benefits. Following an evidentiary hearing, the court held that the FTC was likely to prevail in proving that “the websites were patently misleading.”

The FTC today announced another case in a series of recent actions targeting allegedly deceptive online “free-trial” offers that tricked consumers into enrolling in negative option plans.

The FTC will require background report providers TruthFinder and Instant Checkmate to pay $5.8 million to settle charges that they deceived consumers about whether consumers had criminal records and that the companies violated the Fair Credit Reporting Act (FCRA) by operating as consumer reporting agencies.

The Federal Trade Commission issued an administrative complaint challenging Axon Enterprise, Inc.’s consummated acquisition of its body-worn camera systems competitor VieVu, LLC. Before the acquisition, the two companies competed to provide body-worn camera systems to large, metropolitan police departments across the United States. According to the complaint, Axon’s May 2018 acquisition reduced competition in an already concentrated market. Before their merger, Axon and VieVu competed to sell body-worn camera systems that were particularly well suited for large metropolitan police departments. The Commission vote to issue the administrative complaint was 5-0. On April 17, 2020, the Commission announced a proposed settlement with Safariland, which is one of the respondents and the parent company of VieVu. The final settlement was issued on June 11, 2020. The administrative trial was scheduled to begin on Oct. 13, 2020, but the United States Court of Appeals for the Ninth Circuit ordered a stay until further notice. 

In December 2019, the FTC announced The University of Phoenix and its parent company agreed to pay a record $191 million to resolve allegations that they used deceptive advertisements falsely touting their relationships and job opportunities with companies such as AT&T, Yahoo!, Microsoft, Twitter, and The American Red Cross. The settlement order requires UOP to pay $50 million in cash, as well as cancel $141 million in debts owed to the school by students harmed by the deceptive ads.

In March 2021, the FTC sent payments totaling nearly $50 million to more than 147,000 UOP students who may have been lured by allegedly deceptive advertisements.

In late September 2023, the U.S. Department of Education announced that it will forgive nearly $37 million in federal loans for more than 1,200 students affected by the University of Phoenix’s deceptive practices, based in part on the FTC’s 2019 case.

A federal court granted the Federal Trade Commission’s request to temporarily shut down an alleged pyramid scheme known as “Success By Health,” and to freeze the assets of the company and its executives.

In May 2023, a federal court sided with the Federal Trade Commission, ruling that James D. Noland, Jr. illegally owned and operated two pyramid schemes—Success By Health (SBH) and VOZ Travel—in violation of the FTC Act and that Noland violated a previous federal court order barring him from pyramid schemes and from misrepresenting multilevel marketing participants’ income potential.