Business Blog

FTC staff sent 30 warning letters to companies, raising concerns about their COVID-related advertising claims. In two notable ways, some of these letters differ from letters we’ve sent to other marketers pitching products advertised to prevent, treat, or cure COVID-19.

For businesses in the middle of a global pandemic, there’s no such thing as “business as usual.” The percentage of Americans working remotely has grown substantially, now reportedly up to 33% of the U.S. workforce. Accompanying that seismic shift have been increased security threats to data, with one analysis reporting that over 36 billion online records were exposed in the first half of 2020 alone. Consumers whose lives have been upended by identity theft are paying close attention to how corporations are responding.

Advances in artificial intelligence (AI) technology promise to revolutionize our approach to medicine, finance, business operations, media, and more. But research has highlighted how apparently “neutral” technology can produce troubling outcomes – including discrimination by race or other legally protected classes. For example, COVID-19 prediction models can help health systems combat the virus through efficient allocation of ICU beds, ventilators, and other resources.

The FTC’s long-standing Holder Rule requires businesses to include a special notice in credit contracts that gives consumers certain protections. Today, a Staff Note reiterates the Commission’s determination that the Rule applies regardless of the size of the transaction – and corrects some staff guidelines published in 1976.

People who claim that hindsight is 20/20 probably weren’t talking about the post hoc evaluation of clinical testing. That’s an alleged flaw the FTC challenged in purported substantiation submitted by the marketers of Hepaxa and Hepaxa PD, fish oil products advertised as clinically proven to treat liver disease in adults and children. In addition to injunctive provisions, the proposed settlement includes a financial remedy of $416,914.

Equal access to credit based on non-discriminatory criteria is an essential component of economic opportunity and a fair marketplace. The Equal Credit Opportunity Act prohibits creditors from denying credit based on a host of discriminatory criteria, including race, religion, national origin, sex, marital status, age, etc.

“The check’s in the mail.” You’ve heard it before, but this time it’s true if you are one of the 147,000 University of Phoenix students who will be receiving payments totaling more than $50 million as a result of the FTC’s law enforcement action against the online school.

The pandemic is still taking a toll on your customers, your employees – and your business. The new American Rescue Plan, just signed into law, gets the ball rolling to help out on many people’s financial well-being. Payments will soon be coming by direct deposit, checks, or a debit card to people eligible for the payment. You can learn more about who’s eligible, and the timing, at IRS.gov/coronavirus. Share that link with your staff to help keep them informed.

Consider those three little words that many people long to hear. “I love you?” No. This is the Business Blog and that would be weird. We’re talking about “Made in USA.” A proposed FTC settlement – including a financial judgment – with a marketer of promotional products reminds companies of the need to substantiate their Made in USA representations.