FTC Approves Final Orders In U.S.-EU Safe Harbor Cases

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After a public comment period, the Federal Trade Commission has approved final orders resolving the Commission’s complaints against TES Franchising, LLC and American International Mailing, Inc., for deceiving consumers about their participation in international privacy frameworks.

The settlements were first announced in April. In its complaints, the FTC alleged that the companies’ websites indicated they were currently certified under the U.S.-EU Safe Harbor Framework and, in the case of TES Franchising, the U.S.-Swiss Safe Harbor Framework, when in fact their certifications had lapsed years earlier. In addition, the FTC alleged that TES Franchising deceived consumers about the nature of its dispute resolution policies.

Under the terms of the orders, the companies are prohibited from misrepresenting the extent to which they participate in any privacy or data security program sponsored by the government or any other self-regulatory or standard-setting organization. The settlement with TES further prohibits the company from misrepresenting its participation in or the terms of any alternative dispute resolution process or service. 

The Commission votes to approve the final orders were 5-0.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

Contact Information

MEDIA CONTACT:

Jay Mayfield
Office of Public Affairs
202-326-2181

STAFF CONTACT:

Monique Einhorn
Bureau of Consumer Protection
202-326-2575

Jessica Lyon
Bureau of Consumer Protection
202-326-2344