Blog Posts Tagged with Advertising and Marketing

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Who’s in the mix at Nixing the Fix?

Coldplay sang “Fix You,” but if the group had been referring to their tech devices, cars, or other products in need of repair, their efforts could have consumer protection ramifications. A July 16, 2019, FTC event, Nixing the Fix: A Workshop on Repair Restrictions, will focus on the state of the repair marketplace. Are manufacturers making it difficult (or even impossible) for consumers or independent shops to make product repairs?

FTC says credit repair company en-CROA-ched on consumer rights

The first rule of credit repair is that no credit repair company can remove accurate and timely negative information from someone’s credit report. For credit repair companies that would claim otherwise, there’s CROA – the Credit Repair Organizations Act. It makes it illegal for credit repair companies to lie about what they can do to clear up a clouded credit report, or charge upfront fees before they do the job they promised to do.

Operation Call it Quits: There’s no quit in our fight against illegal robocalls

Hate illegal robocalls? You’re not alone. The FTC hates them, too, as do state Attorneys General and pretty much anyone with a phone. The FTC and state and federal partners teamed up today to announce Operation Call it Quits, the latest salvo in the ongoing fight against robocalls and other illegal telemarketing. We also have tips on how you can help hang up on what many people consider to be Consumer Protection Enemy #1.

Consumer gag clauses: Totally not awesome under CRFA

Moon Unit Zappa’s 1982 song “Valley Girl” popularized the phrase “gag me with a spoon.” We doubt the lyric “gag me with a form contract clause” would have been a hit, but it’s among the tactics expressly outlawed by the Consumer Review Fairness Act. As two proposed settlements demonstrate, the FTC thinks gag clauses and similar non-disparagement provisions that violate the CRFA are – to quote Ms. Zappa – grody to the max.

3 tips from 3 FTC Consumer Review Fairness Act cases

Their lines of work are as different as can be: an HVAC and electrical contractor, a flooring seller, and a company that takes people on horseback rides. But according to the FTC, they have one thing in common. They all violated the Consumer Review Fairness Act. Read on for details about the FTC’s first cases solely enforcing the CRFA, the form contract provisions the FTC says contravened the law, and tips for keeping your contracts CRFA-compliant.

FTC case against backpack seller unpacks how law applies in crowdfunding

Where do entrepreneurs go if they’re long on ideas, but short on capital? In their short history, crowdfunding platforms have often been the financial sparkplug that ignites the engine of innovation. But some campaigners promote zealously and deliver zilch. According to the FTC, a company raised over $800,000 in four crowdfunding campaigns for a high-tech backpack and other items, but used a large portion of the money on personal expenses.

Violating Made in USA order lands filtration seller in hot water

When a company settles a case with the FTC, it’s not just water under the bridge. An FTC administrative order includes provisions designed to prevent similar deceptive or unfair practices in the future – and violations of those orders may result in civil penalties. The FTC just announced a proposed settlement with Georgia-based iSpring Water Systems for violating a 2017 order related to the company’s Made in USA claims.

Bogus celebrity testimonials and phony formats: DON’TS for advertisers and affiliates

“Viagra for the brain.” It’s a slogan designed to attract the attention of consumers concerned about cognition. Then there was a massive online ad campaign of “news” websites featuring supposed testimonials from people like Bill Gates and the now-late Dr. Stephen Hawking. It’s no wonder people forked over millions for supplements that went by names like Geniux, Xcel, EVO, and Ion-Z.

FTC workshop looks into loot boxes

Gamers call them loot boxes – in-game rewards players can buy that contain a random assortment of virtual items. The loot may help players advance in an online game or allow them to customize their avatars. The rewards may be virtual, but they’ve become a very real revenue stream for game developers.

Warning letters re-”mined” diamond sellers to describe products accurately

Remember the old Superman movie where the Man of Steel squeezed carbon in his hand to create a diamond? That’s not how it’s done, but these days not everything sparkly comes from a mine. In addition to mined diamonds, consumers can choose simulated diamonds or diamonds created in a laboratory. What matters to consumers – and the FTC – is that companies accurately describe what they’re selling.

From hero to zero: “Charities” claimed to help police and vets, but pocketed proceeds

To many Americans, the phrase “We support our troops” is more than just a bumper sticker. They put their money where their heart is and contribute to organizations that benefit members of the military – or police officers, first responders, or others who serve. Their generous intent shouldn’t be undermined by sham charities that allocate the lion’s share of donations not to promised services, but to telemarketing, salaries, and other overhead.

Office Depot and Support.com to pay $35 million for falsely claiming scan detected signs of malware on consumers’ computers

It’s an illegal practice the FTC has challenged for decades: companies convincing consumers to pay for “repairs” on products that don’t really need fixing. The FTC alleges that Office Depot and service vendor Support.com engaged in a 21st century version of that misleading tactic. According to the complaint, the defendants tricked customers into spending millions on repairs by deceptively claiming they had found malware symptoms or infections on consumers’ computers.

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