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.
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.”
Maybe it’s a suspicious tax document flagged by your HR staff or a customer concern about an unauthorized charge. Identity theft can reveal itself in many ways. Regardless of the tip-off, there’s a new one-stop federal resource – IdentityTheft.gov – to help people report and recover from ID theft.
Everyone harbors a dark secret – a forbidden mystery concealed behind closed doors. Three cases just filed by the FTC pull back the curtain on one of those taboos:
The efforts people make to hide the fact they’re going gray.
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.
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.
In the annals of undercover operatives, their work may not be the most glamorous. But the intelligence they glean plays a central role in protecting consumers.
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"?
As the FTC staff discussed at a seminar about consumer generated and controlled health data, people are turning to apps, devices, and websites to manage their own health information. Yesterday we talked about the contours of the compliance landscape.
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.
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.
Is your business breaking into the latest mobile device tracking technologies? If so, remember that the FTC Act still applies. Your business’ basic legal obligation to keep its promises is just as important when using emerging technologies as it is in other contexts.
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.
- $642.4 million in redress and disgorgement ordered in consumer protection cases.
- 2,582,851 complaints received from consumers.
- 192 orders obtained.
Those are just a few of the crunchable numbers in the FTC’s 2014 Annual Highlights.
Like juggling chain saws or using a Ming vase as a sippy cup, some things are just too risky to be reasonable. Here’s one to add to that list: posting unencrypted financial information about 55,000 consumers on a website available to anyone with an internet connection.
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.
When playing hide and seek as a child, remember those kids who always seemed to find that hidden crawl space or cranny? Whatever happened to them? Let’s hope they didn’t grow up to go into advertising since current marketing methods offer lots of ways for companies to hide important terms and conditions. The FTC's proposed settlement with Network Solutions illustrates a few examples.
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?
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.
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.