FTC Testifies Before Senate Commerce Subcommittee About Consumer Protection Efforts
The Federal Trade Commission recently issued its annual report, providing insight into the agency’s enforcement priorities. The report touches upon fraud, substantiating claims, technological innovation, endorsement guidelines, dietary supplements, disease prevention claims, sponsored content, and privacy and data security. The FTC also recently testified before the Senate Commerce Subcommittee on Consumer Protection, Product Safety, Insurance, … Read more
Recent FTC CIDs Focusing Upon Financial Privacy
An interesting trend has been developing with Federal Trade Commission Civil Investigative Demands (CIDs). Of late, the agency has been focusing on deceptive and unfair trade practices related to consumer privacy and/or data security, including the collection, acquisition, use, disclosure, security, storage, retention and disposition of consumer information by financial institutions and/or their affiliates in violation of … Read more
Court Rules on Statutory Limits to FTC Enforcement Authority
Earlier this year, a federal judge in Delaware dealt a blow to Federal Trade Commission jurisdiction when it partially dismissed a lawsuit it filed alleging violation of antitrust laws. The dismissal drew attention, in large part, because the court ruled that the FTC’s ability to seek a permanent injunction is dependent upon establishing the existence … Read more
What Nutra Marketers Must Know About the “Prior Substantiation” Doctrine
The Federal Trade Commission’s continued commitment to ensuring that marketers possess a reasonable basis for express and implied advertising claims before they are disseminated is consistently reflected by the nature and scope of recent investigations and enforcement actions. Take nutraceuticals, for example. Product efficacy claims based upon “competent and reliable scientific” evidence discovered and relied … Read more
TrustArc Online Privacy Program Update gets FTC Approval
TrustArc (formerly TrustE) has faced some legal issues from New York Attorney General, Eric Schneiderman, who claimed that they failed to adequately assess the websites of companies they were listing as safe. This, he said, left them out of compliance with COPPA. TrustArc settled with the attorney general for $100,000 and an agreement to strengthen … Read more
BREAKING: RevMoutain, RoiRunner, RevGuard Taken Down by Feds
The FTC has charged Blair McNea, Danielle Foss, Jennifer “Jenny Frederick” Johnson et al. with running 59 illegal negative-option “personal care” websites to dupe people into ordering products for which they are charged repeatedly. A source in the industry told us that “RevMountain and RevGuard” have been “shut down” and people are scrambling to find … Read more
FTC Announces Changes to Civil Investigative Demands that Benefit Marketers
On July 17, 2017, Federal Trade Commission Acting Chairman Maureen K. Ohlhausen announced several internal process reforms in the Commission’s Bureau of Consumer Protection that are intended to streamline information requests and improve transparency in FTC investigations. “It is our duty to carry out our vital mission in the most effective and efficient way possible,” … Read more
FTC Legend Jessica Rich Joins Consumer Reports
Jessica Rich, who was forced out by the Trump administration after 25 years of working at the FTC, and was most recently the director of the Federal Trade Commission’s (FTC) Bureau of Consumer Protection, has joined Consumer Reports as Vice President of Consumer Policy and Mobilization. Rich is widely recognized as one of the most … Read more
FTC Going Hard After Influence Marketers
Influence marketers, such as celebrities and those with large followings on social media, often promote products of some sort in exchange for payment or other perks. While this is a great way to supplement their income, it is important to make sure that viewers are aware that there is compensation for the marketing efforts. This … Read more
Fake FTC Tech Support Shut Down by Real FTC
The Federal Trade Commission has gotten an injunction against a Florida man who claimed to be offering tech support services on behalf of the agency. “Since at least July 2016, Defendant Croft, who purports to run a technical support company called PC Guru Tech Support or PC Guru, has been deceptively marketing, advertising, promoting, and … Read more
FTC 2016 Annual Highlights
On March 28, 2017, the Federal Trade Commission released its 2016 Annual Highlights. The Highlights demonstrate the agency’s ongoing efforts to protect consumers and promote competition over the past calendar year. “2016 was a historic year for the FTC. We obtained almost $12 billion in redress for consumers, and took action in more than a … Read more
Website Counter-Sues Federal Trade Commission Right Back
Anyone who doesn’t like the FTC, and there are quite a few of them in the online marketing community, will find this story more than a little interesting. DOTAuthority.com, has announced through their attorneys that they were filing a counterclaim against the FTC in connection to actions taken against the company, and press releases done … Read more
FTC Alleges “Risk-Free” Trials Came with Hidden Charges
The Federal Trade Commission has filed a complaint against a group of online marketers, alleging that they deceived consumers with “free” and “risk-free” trials for access to various gadgets and online subscription services. According to the FTC, the defendants violated the FTC Act and the Restore Online Shoppers’ Confidence Act by asking people for their … Read more