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.
By: Lesley Fair | Dec 7, 2011 9:53AM
Visiting the BCP Business Center for the latest dos ‘n’ don’ts about making those peepers of yours positively pop? We didn’t think so. But there’s a makeover lesson nonetheless in three FTC law enforcement settlements with online retailers who sold “circle contacts” without a prescription, in violation of the Contact Lens Rule.
Lessons from the Facebook settlement (even if you’re not Facebook)
By: Lesley Fair | Dec 2, 2011 1:16PM
The terms of the FTC’s proposed settlement apply only to Facebook. But to paraphrase noted legal scholar Bob Dylan, companies that want to stay off the law enforcement radar don’t need a weatherman to know which way the wind blows. What practical pointers can your business take from the Facebook case and other recent FTC actions dealing with consumer privacy?
Continue Reading Lessons from the Facebook settlement (even if you’re not Facebook)
Facebook’s future: What the FTC order means for consumer privacy
By: Lesley Fair | Dec 1, 2011 11:24AM
The FTC’s complaint against Facebook outlines eight separate areas where the FTC says Facebook’s privacy practices were deceptive or unfair. What provisions does the proposed order put in place to protect people in the future?
One key provision is a broad ban on deception. Facebook can’t misrepresent the privacy or security protections that apply to any “covered information.” The order defines that as information “from or about” an individual consumer like:
Continue Reading Facebook’s future: What the FTC order means for consumer privacy
The FTC’s settlement with Facebook: Where Facebook went wrong
By: Lesley Fair | Nov 29, 2011 1:07PM
When it comes to privacy promises, what you say you do with people’s personal information has to line up with your day-to-day practices. That’s the message of the FTC’s proposed settlement announced today with Facebook.
Continue Reading The FTC’s settlement with Facebook: Where Facebook went wrong
“What are robocalls and hoodia, Alex?”
By: Lesley Fair | Nov 23, 2011 2:25PM
In its pending action against Sonkei Communications and two of its officers, the FTC has charged that the defendants sold robocall services to telemarketers who pitched things like home security systems, grant procurement programs, and credit card services.
Correcting your COPPA calendar
By: Lesley Fair | Nov 21, 2011 12:07PM
This Thanksgiving, enjoy an extra slice of pie, take a longer nap, and watch the parades and games for a few more hours because that COPPA comment that was due on November 28th now has to be filed by December 23rd.
By: Lesley Fair | Nov 17, 2011 7:47AM
“Shirley, Shirley, Bo Birley, Banana Fana Fo Firley.” When Shirley Ellis sang the song back in the 60s, it was called “The Name Game.” But when people buy products containing fur, the name is no game.
New privacy system for movement of consumer data between US & Asia-Pacific economies
By: Markus Heyder | Nov 16, 2011 12:34PM
If your company does business in the Asia-Pacific region — or if you work with clients from that part of the global economy — you’ll want to follow recent developments in the privacy arena. This week, the FTC welcomed the approval by the Asia-Pacific Economic Cooperation forum (APEC) of a new initiative to harmonize cross-border data privacy protection among members of APEC.
Court holds defendants in contempt
By: Lesley Fair | Nov 14, 2011 6:05PM
When a federal court tells a business to stop a certain course of conduct, here’s a handy tip for those who want to avoid even more serious legal trouble: Stop already.
Is it insurance? Putting a premium on truth
By: Lesley Fair | Nov 13, 2011 3:38PM
If you’re one of the millions of Americans who’s self-employed, healthcare costs remain a concern. So a phone call pitching what sounds like comprehensive health insurance coverage might attract your interest. Except that according to the FTC and the Tennessee Attorney General, what United States Benefits LLC was selling wasn’t really health insurance.
Continue Reading Is it insurance? Putting a premium on truth
What businesses can do to support the troops on Veterans Day
By: Carol Kando-Pineda | Nov 11, 2011 9:05AM
You might do business with members of the military community — or they could be your employees, neighbors, family and friends. On this Veterans Day, you may be considering a donation to a charity that assists veterans, active-duty personnel, or military families. But not all “charities” are legitimate: Some are sham operators whose only purpose is to make money for themselves. Others use paid fundraisers whose fees eat up most of a donation, so very little of it is shared with those in need.
Continue Reading What businesses can do to support the troops on Veterans Day
By: Lesley Fair | Nov 9, 2011 10:49AM
It billed itself as “Facebook and Myspace for kids,” but according to a settlement with the FTC, the Skid-e-Kids website failed to meet critical compliance obligations under COPPA, the Children’s Online Privacy Protection Act. As a result, the FTC says the site collected personal information from about 5,600 kids without their parents’ consent.
By: Kandi Parsons and Jamie Hine | Nov 8, 2011 1:44PM
Businesses have wised up that their customers are concerned about privacy. That’s why privacy promises, like any other claim you convey, have to be truthful. So when you describe how you use — and don’t use — people’s information, be sure to give them the straight story, avoiding steps that would undermine their privacy choices. That’s the nuts-and-bolts conclusion companies should draw from the FTC’s settlement with ScanScout, the first agency action addressing Flash cookies.
By: Lesley Fair | Nov 4, 2011 2:10PM
Most marketers follow FTC happenings to get the latest on legal compliance. But while you’re visiting the Business Center, check out what BCP is doing to protect small businesses in their role as consumers. Getting the inside scoop on how B2B scams work will help you shield your company from fraudsters in the future.
By: Lesley Fair | Nov 1, 2011 3:05PM
The FTC’s 100th birthday is looming (and it doesn’t look a day over 85, if we do say so ourselves). Ever wonder what the FTC’s very first published law enforcement action — 1 F.T.C. 1 — involved? It dealt with a company that sold thread deceptively labeled as “cilk.” Fast forward a century and people still want to know for certain that the cotton shirt they’re buying is made of cotton.
By: Lesley Fair | Oct 31, 2011 9:08AM
In celebration of Halloween — and with apologies to Edgar Allen Poe — here’s our take on what companies can do to make sure spooky business practices don’t come back to haunt them.
Once upon a midnight lawful
Pondering practices, good and awful,
Reading through the U.S. Code
For dos and don’ts I parse and claw.
I came upon the Trade Commission’s
Section 5 with all revisions.
By: Alvaro Puig | Oct 28, 2011 8:44AM
If you use the BCP Business Center, you know it’s a great source of practical compliance tips on advertising, telemarketing, online privacy, data security, and other topics. If you’re reading our blog, you know it’s a quick — and original — take on the latest developments in BCP enforcement, policy development, research, and education.
By: Lesley Fair | Oct 26, 2011 1:53PM
Usually it’s the process server who uses a disguise — pretending to be a delivery man or repair person to catch someone off guard. But in a
