Business Blog

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.

Same time next year

Does your company participate in the U.S.-EU Safe Harbor Framework? It’s a voluntary international privacy program administered by the Department of Commerce that lets companies transfer data from the EU to the U.S. in compliance with EU law. Of course, data security and privacy are everyday obligations for companies, but are you honoring one particular once-a-year provision? And what about promises you make regarding how you resolve consumer disputes?

Questionable calls

Call me (call me) on the line.
Call me, call me any, anytime.

We were big Blondie fans, but if the lyrics of “Call Me” are any indication, they’re not the best source of information about complying with the Do Not Call and robocall provisions of the Telemarketing Sales Rule. So we’re turning to FTC attorney Bikram Bandy to get answers to questions that businesses are asking.

Don’t worry. We won’t tell the boss.

If you handle personnel matters for your company, Background Checks: What Employers Need to Know should be on your desk. The joint FTC-EEOC publication offers dos and don’ts for businesses when looking into the background of prospective employees or current staff up for promotion, retention, transfer, etc. But if it’s time for a compliance double-check, the FTC just issued a new brochure that could serve as a cross-reference.

The road to Rich’s?

For companies that follow what’s going on at the FTC, a letter with the agency seal signed by “FTC Director Jessica Rich” might attract attention. But there’s one letter that claims to be from the FTC that we suggest you ignore.

That’s because the sender says you’ve won a sweepstakes and Jessica Rich of the FTC will help you claim the cash – after you pay a $5,000 “Legal Registration Bond,” of course.

What’s truthful about those letters? There is a person at the FTC named Jessica Rich. As it happens, she heads up the FTC’s Bureau of Consumer Protection.

Small business scammers’ bag of tricks

What do mystery writers, magicians, and some small business scammers have in common? The art of misdirection. But when it comes to small business scammers, we’re on to their tricks. Today the FTC announced that, at its request, a federal court stopped yellow page scammers that were targeting businesses all over the U.S. with a series of ploys. According to the FTC, this is how it worked.

Operation Ruse Control: 6 tips if cars are up your alley

When it comes to car advertising, truth should be standard equipment. That’s the message of Operation Ruse Control, a coast-to-coast and cross-border sweep by the FTC and state, federal, and international law enforcers aimed at driving out deception in automobile ads, adds-ons, financing, and auto loan modification services. The FTC cases offer 6 tips to help keep your promotions in the proper lane.

Mergers and privacy promises

Every company takes a different approach to how it collects, maintains, and shares consumers’ personal information. Companies that want to do right by their customers are careful to explain how they handle that data. That way, consumers will know how their data will be treated.

But what happens when a company changes owners or merges with another entity? Do the representations the company made to consumers before a merger about how their information will be used apply after the merger? Are there limits on how it can be used and shared?

BCP’s Office of Technology Research and Investigation: The next generation in consumer protection

The FTC keeps its finger on the pulse of markets, channeling its resources to protect consumers from deceptive and unfair practices involving new technologies. A few years ago, we created the Mobile Technology Unit to help bring consumer protection into the mobile era. Staffers assist the Bureau of Consumer Protection and FTC regions with law enforcement investigations and lend their expertise to the development of consumer protection policy.

Peace, love, and understanding

“What’s so funny ‘bout peace, love, and understanding?” Elvis Costello asked that musical question back in the day. The Memorandum of Understanding between the FTC and CFPB – which the two agencies just reauthorized for a three-year period – shows that when it comes to protecting consumers, ensuring a vibrant marketplace for financial products and services, and using resources efficiently, we're in harmony.

When BOGO is a no-go

If you watch as much TV as we do, you may have been tempted to reach for the phone to order the Snuggie, that blanket with sleeves for couch potatoes; Forever Comfy, the answer to rump-sprung chairs; or a host of other items sold by New York-based Allstar Marketing Group. And if one Magic Mesh, Cat's Meow, Roto Punch, or Perfect Tortilla wasn’t enough, the ads reeled buyers in with a “double the offer” buy-one-get-one-free promotion the FTC and New York Attorney General said was misleading.

Cruisin’ for a TSR violation

Before your business cruises its way to violating the Telemarketing Sales Rule (TSR), you’ll want to pay attention to the FTC’s latest case against telemarketers. The lesson: if the call includes a sales pitch, the TSR applies – no matter what other purpose the call may have.   

The Shipping News and Reviews

Consumers often first go to online review sites when they are thinking about buying a product or hiring a service provider. As a result, most businesses are concerned about managing their online reputation. But a recent FTC proposed settlement offers some lessons for businesses that seek to solicit online reviews with cash or other incentives.

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