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The FTC frowns on franchise falsehoods: A reminder to franchisors

Julia Solomon Ensor
Benjamin Franklin famously declared, “When you’re good to others, you’re best to yourself.†Maybe he was giving general advice about being a nice person. But it’s also possible the United States’ widely acknowledged father of commercial franchising was tipping his hat to fellow franchisors looking to build their businesses. In other words, when you’re good to your franchisees, you’re best to your own business. It goes without saying that Benjamin...

Click to Cancel: The FTC’s amended Negative Option Rule and what it means for your business

Julia Solomon Ensor
The FTC has long regulated negative options through the Negative Option Rule and strategic enforcement actions. Today, the FTC builds on that work by announcing a set of common-sense revisions to the Negative Option Rule, now known as the Rule Concerning Recurring Subscriptions and Other Negative Option Programs. The revisions are designed to protect people from misleading enrollment tactics, billing practices, and cancellation policies, and...

Mark your calendars, telemarketers and sellers! October 15 is the Telemarketing Sales Rule’s Record Store Day.

Ben Davidson
Get ready. It’s almost Store Your Records Day for telemarketers everywhere. You’re probably asking, what do telemarketers have to do with folks lining up outside of their local record stores to buy limited edition vinyl releases? Doesn’t Record Store Day happen in April and November? And, importantly, will there ever be a release that compares to the vinyl edition of Taylor Swift’s Long Pond Studio Sessions or Olivia Rodrigo’s Secret Tracks? Well...

Marriott’s settlement with the FTC: What it means for businesses

Katherine McCarron and Kamay Lafalaise
Marriott International, Inc. has long highlighted core values of putting people first, pursuing excellence, acting with integrity, and serving the world. Today, the FTC and Attorneys General from 49 states and D.C. are jointly announcing an action that suggests the company may want to add a fifth value to that list: protecting customer data and privacy. According to today’s proposed complaint, Marriott International, Inc. and its subsidiary...

Save the Date for The Attention Economy: Monopolizing Kids’ Time Online

Michelle Rosenthal
Mark your calendar for February 25, 2025, when the FTC will convene “The Attention Economy: Monopolizing Kids’ Time Online.†This virtual workshop will consider the use of design features that keep kids, including teens, online longer and coming back more frequently. Researchers, technologists, child development and legal experts, consumer advocates, and industry professionals will discuss design features that keep kids engaged on digital...

The FTC’s Holder Rule: still holding strong

Carole Reynolds
Attorney
A lot has changed since 1975: the invention of the internet, cellphones, and widespread availability of solar panels, just to name a few. But the important consumer protections of the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses (aka the Holder Rule) are as relevant today as they were when the Rule became effective in its entirety in 1976. And there are good reasons for that.

Operation AI Comply: continuing the crackdown on overpromises and AI-related lies

Julia Solomon Ensor
Maybe you grew up daydreaming about artificial intelligence, or AI. You imagined its potential to change the future, possibly with an army of helpful robots to take on your least favorite human tasks. The Star Wars franchise had R2-D2. The Jetsons had Rosey. There was RoboCop. And when everything else was gone, the world had WALL-E, the stoic trash collector looking for love. Now, as a business owner, you’re always watching for the next big...

Don’t invite an FTC lawsuit: Invitation Homes required to end junk fees and start advertising actual rent amounts

Sam Levine
Are you a landlord? Work for a property management company? Or in the rental sector? Here’s a $48 million reminder to obey the law: the FTC’s settlement with Invitation Homes for adding junk fees, steering residents away from eviction protections, making false promises of 24/7 emergency maintenance, and refusing to return security deposits. With more than 80,000 homes across 16 geographical markets, Invitation Homes is one of the largest single...

Mind your net impression: when seafood is not wild, fresh-caught, or local

Julia Solomon Ensor
Ahoy there, restaurant owners and other friends! Gather around to hear about the restaurant that tricked people into thinking its shrimp and fish were wild caught right nearby, when, actually, they were farmed, frozen, and shipped in from afar. Imagine a waterfront restaurant with beachy décor. Fishing nets hang from the ceiling and pictures of shrimp and fishing boats cover the wall. You sit down at a table draped in red, white, and blue, and...

Fair…well, farewell

Sam Levine
On what I’m declaring Lesley Fair Day, we’re celebrating someone who’s become an institution at this agency – for her policy of carpe podium, her mentorship of many an attorney at the agency and in state AG offices around the country, for the Business Blog…and so much more. As Lesley departs the Â鶹´«Ã½ Trade Commission after 37 years (no one would ever say Lesley is retiring), it’s a good time for a highlights reel. So grab your coffee and a...