Business Blog

3 dos, 3 don’ts, and 1 don’t-even-think-about-it

It’s a text that would make most people take notice: ALERT ALERT ALERT .. YOUR PAYMENT WAS DECLINED DUE TO AN INSUFFICIENT ACH TRANSACTION…CALL 866.597.3075. But it wasn’t really an alert. There wasn’t a declined payment. And an “insufficient ACH transaction” isn’t even a real thing.

It was a deceptive text message sent by debt collectors to illegally lure purported debtors into contacting them.

If the FTC comes to call

It’s a question we’re asked a lot. “What happens if I’m the target of an FTC investigation involving data security?” We understand – no one wants to get that call. But we hope we can shed some light on what a company can expect.

First things first. All of our investigations are nonpublic. That means we can’t disclose whether anyone is the subject of an investigation. The sources of a data security investigation can be news reports, complaints from consumers or other companies, requests from Congress or other government agencies, or our own initiative.

FTC to wipes maker: Back up your claims, not buyers’ pipes

A royal flush? More like a royal pain for consumers who trusted claims that moist flushable wipes manufactured by trade supplier Nice-Pak were safe for home plumbing systems. According to an FTC complaint, the wipes were made of a non-woven fabric that didn’t break down as quickly and easily as advertised, rendering that “flushable” claim a pipe dream – or maybe a pipe nightmare if your sewer or septic system got clogged as a result.

Privacy promises and bankruptcy: The latest letter

In the immortal words of renowned legal scholar Yogi Berra, it’s “déjà vu all over again.” A national company is in bankruptcy court and an issue has arisen regarding the possible sale of consumers’ personal information, at least some of which was collected with the express promise, “We will not sell or rent your personally identifiable information to anyone at any time.”

“Middle” management? FTC challenges menopausal weight loss claims

In her blog, a registered nurse offered candid opinions about a broad range of topics, including parenthood, men with comb-overs, and the challenges of menopausal weight gain. There wasn’t much she could do about the comb-over issue, but she claimed to have found a solution to those extra pounds: a dietary supplement called Amberen.

Advice and counsel?

According to the proverbs of Solomon, “Plans fail for lack of counsel, but with many advisers they succeed.” Of course, there’s no one-size-fits-all plan to guarantee the security of personal information in your company’s possession. But one effective strategy is to consider what experts at different agencies and organizations are saying. They offer a variety of tips and techniques, but the foundational principles of sound security remain the same.

Double spammy

By now, it shouldn’t be news. Using illegal spam and bogus news sites to convey false claims for diet products is bound to attract FTC attention. Oh, and did we mention the phony representation that the products were endorsed by Oprah and the people on the TV show "The Doctors"?

Using consumer health data?

With the help of innovative businesses, consumers are taking a more active role in managing their health information. How? Maybe it’s an app that monitors their exercise habits, a device that lets diabetics track glucose levels, or a site where patients with the same condition share information. In addition, people are starting to download their information into personal health records, partially because of regulatory initiatives promoting secure online access to medical data.

Destination: Buffalo

Buffalo is famous as the home of the Bills, but it’s also home to many bill collectors. The FTC is sponsoring a series of Debt Collection Dialogues across the country and the first stop will be Buffalo on June 15, 2015, in conjunction with the New York Attorney General’s Office. If debt collection practices are of interest to you, fry the wings, take out the hot sauce – and mark your calendar for June 15th.

Will a $63 million FTC-CFPB settlement encourage Green Tree to turn over a new leaf?

As the name suggests, Green Tree Servicing was supposed to service homeowners’ mortgages by collecting and crediting monthly payments. But according to a $63 million settlement announced by the FTC and CFPB, rather than service, Green Tree gave many homeowners the business.

Affiliation explication

If you’re active in affiliate marketing, a summary judgment ruling by a United States District Court offers additional support for the conclusion that “Who, me?” isn’t likely to be a persuasive defense to allegations of deception. As a result of the holding, affiliate marketing network LeadClick Media and its parent company, CoreLogic, have to turn over a total of $11.9 million in ill-gotten gains.

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