FCRA & Mobile Apps: A Word of Warning
By: Lesley Fair | Feb 7, 2012 1:42PM
To our knowledge, there’s no app yet that tells people when the FTC staff has sent warning letters discussing how the Fair Credit Reporting Act operates in the world of mobile applications. But the way the app market is growing, some savvy developer will have one out by the time you finish this. In the meantime, read on.
By: Steve Wernikoff | Feb 1, 2012 1:49PM
Six online marketers have settled FTC charges stemming from their use of fake news websites to market acai berry supplements and other weight loss products. If you’re an affiliate marketer or you’re thinking about building an affiliate program into your business plan, the cases merit your attention.
Watch what you're doing with time-barred debts
By: Lesley Fair | Jan 30, 2012 10:56AM
Of course, people are responsible for their debts. However, at a certain point, how much time has passed becomes an affirmative defense under state law and creditors can’t prevail in court. But what happens if a payment is made on a time-barred debt? A consumer can really get clocked — because in many states the debt can be revived if a person makes a payment or says in writing that they intend to. The FTC has announced a $2.5 million settlement with Asset Acceptance, LLC, for allegedly breaking the law in how it tried to collect
Continue Reading Watch what you're doing with time-barred debts
By: Dama Brown | Jan 27, 2012 12:15PM
The BCP Business Center is here to help you comply with applicable laws. But we’re also committed to protecting business owners from deception. That’s why it’s important you have accurate information if you’re thinking about investing in precious metals. An ongoing FTC law enforcement action suggests that potential investors should step on the brakes if salespeople tout big money and low risks.
Paper, Plastic . . . or Mobile?
By: Lesley Fair | Jan 26, 2012 2:24PM
How consumers pay for things is changing. Pretty soon exasperated parents may start reminding kids that “mobile payments don’t grow on trees.” And if there’s a remake of “Jerry McGuire,” the sports agent may yell to his client “Show me the mobile payment!”
Looking forward to a long and productive relationship
By: David Vladeck, Director, Bureau of Consumer Protection | Jan 23, 2012 1:21PM
Last Friday, the FTC and the Consumer Financial Protection Bureau signed a memorandum of understanding outlining how the agencies will work together. The CFPB — born out of the recent financial system overhaul — and the FTC now share responsibility for protecting consumers in the non-bank financial sector.
Continue Reading Looking forward to a long and productive relationship
By: Lesley Fair | Jan 19, 2012 10:29AM
We’re glad you’re visiting the BCP Business Center and thanks for your questions. Here are answers to some of your AQs. (Calling them FAQs on a site devoted to truth in advertising doesn’t seem quite right.)
Payment processor pays the price for unauthorized debits
By: Lesley Fair | Jan 17, 2012 11:10AM
It may be tempting for a payment processor to look the other way about a client’s business practices, figuring it’s the merchant’s job to get proper consumer authorization for charges submitted for processing. But donning blinders can lead to regrettable results, as an FTC action against a payment processor shows.
Continue Reading Payment processor pays the price for unauthorized debits
By: Lesley Fair | Jan 12, 2012 11:22AM
When consumers comparison shop, cost is crucial. That’s why it’s so important for companies to make sure what they say about their prices is accurate. If businesses need a timely reminder, the FTC’s proposed $5 million settlement with CVS Caremark drives that point home.
By: Lesley Fair | Jan 11, 2012 11:53AM
The terms of an FTC settlement apply just to that business, of course. But clued-in companies know there’s a lot that can be learned from someone else’s alleged misstep. The FTC’s law enforcement action against Upromise is no exception.
By: Lesley Fair | Jan 9, 2012 11:43AM
Upromise offers users a service where they can save for college by getting rebates when they buy merchandise from participating retailers. But as the FTC charged in a recent law enforcement settlement, when it comes to consumer privacy and data security, the college savings membership program may want to consider a refresher course.
Material changes and heated discussions
By: Lesley Fair | Jan 5, 2012 5:37PM
If you’re in the textile industry or sell home HVAC equipment (and especially if you’re in the textile industry and sell HVAC equipment, in which case we’re dying to know what your store looks like), you’ll want to jot down some important dates from the FTC.
By: Lesley Fair | Jan 4, 2012 12:14PM
It’s great to ring in the New Year, but there’s one thing savvy businesses don’t want to ring: a phone number on the National Do Not Call Registry or a company’s entity-specific list. A recent FTC law enforcement action — and stats from the FTC’s just-released Report to Congress on Do Not Call — emphasize the need for compliance.
Face Facts: We want to hear from you
By: Amanda Koulousias | Dec 29, 2011 3:40PM
Have you been mulling over the impact of facial detection and recognition technologies? We have — and we’d like to hear more about how you see things.
The Monks, the Louisiana Law & the FTC
By: Lesley Fair | Dec 27, 2011 4:20PM
The Benedictine monks of St. Joseph Abbey, the Louisiana Embalming and Funeral Directors Act, and the policy goals of the FTC’s Funeral Rule. Not a likely trifecta, but an amicus brief filed by the FTC in the U.S. Court of Appeals for the Fifth Circuit raises interesting issues about the relationship between the three.
Using social media in your marketing? Staff closing letter is worth a read
By: Lesley Fair | Dec 22, 2011 12:33PM
When the FTC brings a law enforcement action, we hope companies take notice. But sometimes there’s a nugget or two that businesses can glean from a decision by the FTC staff to close an investigation. A recent letter from the staff of the Bureau of Consumer Protection to Hyundai Motor America ticks a lot of timely boxes — bloggers, the Super Bowl, and the FTC’s Endorsement Guides — and is worth a read if your company has added social media to your marketing arsenal.
Continue Reading Using social media in your marketing? Staff closing letter is worth a read
By: Lesley Fair | Dec 20, 2011 11:07AM
If your company has an online presence, you’re probably familiar with ICANN — the Internet Corporation for Assigned Names and Numbers — the group that oversees Internet domain names. ICANN has announced a plan to dramatically increase the number of generic top-level domain names.
Science, reliance, and compliance
By: Lesley Fair | Dec 15, 2011 8:52PM
The FTC v. Lane Labs story started with shark cartilage and the latest chapter involves a contempt ruling from a federal judge. If the FTC’s advertising substantiation doctrine is relevant to your company or your clients — and it should be — you’ll want to keep tabs on the case.
FTC v. Kevin Trudeau: The Seventh Circuit Rules
By: Lesley Fair | Dec 13, 2011 3:11PM
As anyone who’s watched TV in the past decade knows, Kevin Trudeau is — to use the term coined by the United States Court of Appeals for the Seventh Circuit — an “infomercialist.” The Seventh Circuit’s recent opinion in FTC v. Trudeau offers interesting insights into order enforcement and upholds a multimillion dollar judgment for consumers.
Continue Reading FTC v. Kevin Trudeau: The Seventh Circuit Rules
By: Lesley Fair | Dec 9, 2011 1:07PM
This time of year retailers look forward to the sweet harmony of silver bells, laughing voices, and the cha-ching of registers. Here are some steps you can take to ensure a happier holiday for your business — and your customers.
