Category Archives: FTC

Subscribe to FTC RSS Feed

It’s a Small World After All

If you think the Federal Trade Commission (FTC) is the only regulator paying attention to online endorsements and reviews, guess again. According to a recent FTC press release, 10 of the 60 countries that participate in the International Consumer Protection and Enforcement Network (ICPEN) have taken actions in the year since the Network released the … Continue Reading

Lather, Rinse, Repeat, FTC Continues To Pursue Entities Engaged in Credit Card Laundering

“Credit card laundering” or “factoring” refers to the practice of processing credit card transactions for one company through the merchant processing account of another company. In recent years, the FTC has sued several companies for engaging in this practice or assisting allegedly fraudulent merchants to launder card payments through multiple processing accounts. On July 28, … Continue Reading

Summer of Sequels: The FTC Joins the FCC in Releasing Consumer Complaints Regarding Purported Robocalls and Do Not Call Violations

Summer 2017 has seen and will see some well-publicized releases of sequels, remakes, and reboots: Ridley Scott’s Alien Covenant; Johnny Depp back in his starring role as Captain Jack Sparrow in the Pirates of the Caribbean franchise; Stephen King’s It; and the latest installments in The Mummy, Transformers, and Spider Man series, to name a … Continue Reading

Made in America Day/Week

The White House proclaimed July 17th as Made in America Day and last week as Made in America Week. As part of these events, the administration showcased “Made in America” products from each of the 50 states. For the complete list click here. Apparently the District of Columbia didn’t make the cut, which we’re a … Continue Reading

Change Starts Within: FTC Process Reforms Address CID Practices

Back in February we blogged about Acting Chair Ohlhausen’s first keynote address in which she outlined her three consumer protection priorities. Consistent with those priorities, in April, the Federal Trade Commission (FTC) announced its agenda to eliminate wasteful, unnecessary regulations and processes. Within the FTC’s Bureau of Consumer Protection, the FTC’s goals included an effort … Continue Reading

FTC’s Warning on Green Paint Claims Required a Second Coat

As we previously blogged, the FTC went after several paint companies (Benjamin Moore, ICP, YOLO and Imperial Paints) for advertising that their paints were VOC-free when that claim was true only before colors were added to the paint. Time and technology march on, and several manufacturers thought they had solved this problem, proclaiming boldly that … Continue Reading

FTC Updates COPPA Guidance for IoT and New Consent Options

On June 21, 2017, the Federal Trade Commission (FTC) updated one of its Children’s Online Privacy Protection Act (COPPA) compliance guides for businesses. Known as the “Six-Step Compliance Plan,” this document provides a step-by-step road map for determining if a company is covered by COPPA and what to do to comply. COPPA applies to operators … Continue Reading

Student Loan Market in FTC’s Cross Hairs

Lots of folks were wondering whether at the Federal Trade Commission (FTC) it was “School’s Out” with a shortage of Commissioners and a new administration in the White House. A recent case involving the telemarketing of student loan debt relief services makes clear that, at least in certain areas, school is still in session. The … Continue Reading

Spinning Gold Into Straw: FTC Obtains a Court Order Requiring the Sale of Defendant’s Home

Some marketers move to Florida believing that the state’s constitutional Homestead Act protects their house from the Federal Trade Commission’s (FTC) grasp. A recent case shows that the FTC may not share that belief, and a federal judge recently agreed with the FTC. Sam J. Goldman tried looking for gold, but it didn’t pan out. … Continue Reading

NY AG Doesn’t Miss a Beat, Settles Three Cases with Mobile Health App Developers

As we have written before, mobile apps geared toward health and fitness have become increasingly popular—and an increasingly popular target for regulators. This makes sense. Health and fitness apps can pose a serious risk if consumers rely on them for personal health information that turns out to be inaccurate or misleading. And the risk goes … Continue Reading

The “More Muscular” Buy American Policy Involves a Waiting Period

Earlier this month, Venable reported on the Trump administration’s intent to make the federal government’s procurement preference for domestic products (i.e., the body of “Buy American” laws that have been around in some form or another since 1933) even “more muscular” by moving forward with a “new policy” that is “based on the twin pillars of maximizing Made in … Continue Reading

FTC Formally Announces Influencer Sweep on “Word to the Wise Wednesday”

We previously blogged a few weeks ago about the FTC’s sweep of influencers and warning letters being sent regarding whether material connections are disclosed, and if so, if they are done clearly and conspicuously. The FTC has issued a press release with more detail. We now know there were over 9‎0 such letters sent. For … Continue Reading

FTC Settles Major Prepaid Card Advertising Case and Doesn’t Say Much about It

For those of us who are regular readers of FTC press releases, the allure of last week’s announcement that the FTC settled its lawsuit against prepaid card company NetSpend Corporation may be more in the substance – or lack thereof – of the announcement itself. In four sentences, the FTC simply stated that the advertiser … Continue Reading

Operation Full Disclosure Part 2: FTC Compliance Sweep—Influencing the Use of Influencers

Did you get a letter in March with the Federal Trade Commission (FTC) seal inquiring about your use of material connection disclosures in influencer campaigns and politely reminding you about the Endorsement Guides? If so, you are in good company as many other brand companies have received such letters as part of the FTC’s most … Continue Reading

There is No Such Thing as “Free Golf Balls”: The FTC Continues Crackdowns on Negative Option Marketers

We love golf, cooking, and the Restore Online Shoppers’ Confidence Act (“ROSCA”), so when the FTC brings a case involving all of this, we are compelled to blog. As it is almost Masters time, please feel free to put on your green jacket and read on. On March 24th, the FTC filed suit in California … Continue Reading

Highlights of the FTC and NASCO Conference – Give & Take: Consumers, Contributions, and Charity

Last week, the Federal Trade Commission (FTC) and the National Association of State Charity Officials (NASCO) hosted “Give & Take: Consumers, Contributions, and Charity,” a conference exploring consumer protection issues in the changing landscape of charitable giving. Day One of the conference kicked off with introductory remarks by Acting Director of the Bureau of Consumer … Continue Reading

Criminal Charges Brought Against Telemarketers

Criminal charges against six individuals allegedly involved in a telemarketing scheme targeting elderly people were brought today by the US Attorney’s Office for the Southern District of New York. According to the Complaint, the defendants contacted elderly consumers with business opportunities requiring nothing more than a simple cash investment. The consumers were promised that they … Continue Reading

Breathalyzer Claims Are Not Puffery

Breathalyzer accuracy is serious business. While the instructions may indicate “blow here,” that instruction does not apply to marketers of the device.  The Federal Trade Commission (“FTC”) drove this point home in a recent settlement with the marketer of an app-supported breathalyzer device that no doubt left the marketer feeling a bit hungover.  The settlement … Continue Reading

Chairman Ohlhausen Announces a Whale of an Agenda for Consumer Protection

From the ABA Antitrust Section bi-annual Consumer Protection Conference in Atlanta, Acting FTC Chairman Maureen Ohlhausen made her first keynote address in her newly elevated roll. To the backdrop of playful beluga whales in the ballroom of the Atlanta Aquarium, she outlined three consumer protection priorities she will put in force during her time in … Continue Reading

Soundboard Industry Sounds the Alarm Against FTC Changes to Telemarketing Sales Rule

In a development that many telemarketers will want to follow closely, the Soundboard Association (SBA) recently filed a complaint against the Federal Trade Commission (FTC) in the U.S. District Court for the District of Columbia. The SBA simultaneously asked the court to issue an injunction blocking the FTC from expanding the Telemarketing Sales Rule’s (TSR) … Continue Reading

What’s Next for Advertisers of Consumer Financial Services? Webinar: “Consumer Financial Services 2017 Outlook: Post-Inauguration Day Insights”

Advertisers and marketers of consumer financial services have been asking, “What’s next?” As the CFPB works its way through court challenges, and an evolving legal and political landscape unfolds, companies have been waiting for signs from the CFPB, Congress, and the President of what to expect in 2017. Members of Venable’s Consumer Financial Services Practice … Continue Reading
LexBlog