Legal Library: Cases and Proceedings

James V. Grago, Jr. online rewards website ClixSense.com settled allegations from the Fewill be required to implement a comprehensive information security program before collecting personal information as part of a final settlement with the Federal Trade Commission related to allegations that he failed to take reasonable steps to protect personal data.

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.

Announced in June 2019 as part of a crackdown on illegal robocalls against operations around the country responsible for more than one billion calls, the FTC’s complaint against Derek Jason Bartoli alleges the Florida-based defendant has been an active participant in the illegal telemarketing industry for several years, serving as the “dialer,” “information technology (IT) guy,” and at times the seller for various telemarketing companies, including companies that the FTC and other law enforcement agencies have sued. He provided services in his own name and in the names of Phoenix Innovative Solutions LLC, Marketing Consultation Solutions LLC, and KimRain Marketing LLC.

Canon Inc. and Toshiba Corporation have agreed to settle Federal Trade Commission charges that the companies violated the premerger notification and waiting period requirements of the Hart-Scott-Rodino Act, or HSR Act, when Canon acquired Toshiba Medical Systems Corporation from Toshiba in 2016.

The FTC today announced its first case challenging a marketer’s use of fake paid reviews on an independent retail website. In settling the agency’s complaint, Cure Encapsulations, Inc. and its owner, Naftula Jacobowitz, resolved allegations that they made false and unsubstantiated claims for their garcinia cambogia weight-loss supplement and that they paid a third-party website to write and post fake reviews on Amazon.com.

The FTC issued an administrative complaint (and authorized staff to seek a TRO and PI which have not been filed) challenging the merger of two top suppliers of chloride process titanium dioxide (TiO2), a white pigment used in a wide variety of products including paint, industrial coatings, plastic, and paper. The FTC’s administrative complaint charges that Tronox Limited’s proposed acquisition of competitor Cristal, for $1.67 billion and a 24 percent stake in the combined entity, would violate the antitrust laws by significantly reducing competition in the North American market (comprised of the United States and Canada) for chloride process titanium dioxide. The FTC alleges that the acquisition, if consummated, would increase the risk of coordinated action among the remaining competitors, and increase the risk of future anticompetitive output reductions by Tronox.

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.