We recently saw a fellow diner reach across the cafeteria soup station until splat! His phone fell out of his shirt pocket and into the minestrone. But even before he ladled out his soup-logged smartphone, he reached into his bag and took out his tablet. As consumers have come to rely on multiple devices, companies are using technologies to connect a consumer’s activity across those devices – smartphones, tablets, desktops, laptops, and more.
Fans of “Shark Tank” will remember it as one of the show’s most dramatic bidding wars. Charles Yim, CEO of Breathometer, pitched his smartphone-enabled breathalyzer as a way to “help people make smarter and safer decisions” about drinking and driving. All five sharks went for the product hook, line, and sinker. But according to the FTC, the defendants’ deceptive claims about the accuracy of the devices’ readings left consumers floundering.
With some exceptions, Section 8 of the Clayton Act prohibits the same individual from serving as an officer or director of two competing corporations. Like other portions of the forward-looking Clayton Act (including Section 7 with its proscription on mergers that are likely to harm competition), Section 8 was designed to “nip in the bud incipient violations of the antitrust laws by removing the opportunity or temptation to such violations through interlocking directorates.” U.S. v. Sears, Roebuck & Co., 111 F. Supp. 614, 616 (S.D.N.Y. 1953).
In promotional materials to attract prospective drivers, ride-hailing company Uber Technologies touted how much money drivers would earn and the favorable terms they could get by financing a car through Uber’s Vehicle Solutions Program. But according to an FTC complaint, Uber exaggerated those earnings claims and misrepresented the terms of its Vehicle Solutions Program.
Protecting consumers’ privacy and personal data has long been a priority at the FTC. Over the years, we’ve helped millions of identity theft victims recover from that crime. We created the National Do Not Call Registry to limit unwanted telemarketing, and we continue to fight illegal robocalls. And we’ve brought more than sixty cases against companies that didn’t take reasonable steps to protect people’s data.