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FTC's Jamster case: 5 tips for mobile marketers

Lesley Fair
So people were taking a few minutes to play the free version of Angry Birds on their Android device. At some point between the Giant Slingshot and the Mighty Eagle, they got a "Virus Detected" warning. But according to an FTC lawsuit, that scary-looking security alert was phony and just a way for Jamster (the court papers use the corporate name Jesta Digital) to place charges on people's cell phone bills without their express consent. Of course...

Surely you Jesta: Jamster jammed for mobile cramming

Lesley Fair
You thought Angry Birds get peeved at those annoying green pigs? That's nothing compared to consumers’ reaction when they found unauthorized charges “crammed†onto their cell phone bills for phony virus scans that showed up when they played Angry Birds on their Android devices. To settle an FTC lawsuit, Jesta Digital LLC — you may know them as Jamster — will give refunds to a significant number of consumers, pay an additional $1.2 million, and...

"Check" out the $3.5 million penalty in the latest FCRA case

Lesley Fair
Here’s a newsflash: There’s a troubling amount of inaccurate information in people’s credit reports that can result in the denial of a job, a place to live, and even necessities like groceries and medicine. That’s why the Fair Credit Reporting Act requires consumer reporting agencies (CRAs) to “follow reasonable procedures to assure maximum possible accuracy.†The FTC’s settlement with Certegy Check Services — which includes the second-largest...

FTC and Colorado AG: Infomercial pitchman's promissory promises not premised on truth

Lesley Fair
According to the ubiquitous infomercials, to rake in the big bucks with Russell Dalbey’s “wealth-building†programs, all you had to do was “Find ‘Em,†“List ‘Em,†and “Make Money" — the “‘Em†being seller-financed promissory notes. The pitch was convincing to the close to one million people who bought the programs. But according to the FTC and Colorado AG, the defendants’ claims of quick and easy money were deceptive. The case just settled with a...

FTC to mattress companies: Don't pad your green claims

Lesley Fair
If you or your clients make environmental marketing claims, don’t sleep on three actions the FTC just announced against companies that sell mattresses. What's more, the pleadings in one case offer insights into a course of conduct advertisers should avoid in the use of seals and certifications. According the FTC’s lawsuit against Relief-Mart, based in Westlake Village, California, the company advertised its Biogreen memory foam mattresses without...

When all is said and dun: Record-setting penalty for debt collection violations

Lesley Fair
"You’ve reached the FTC. Sorry we’re not able to take your call right now. But if you’re Expert Global Solutions — the biggest debt collection operation in the world — please pay a $3.2 million civil penalty, the largest ever from a third-party debt collector, and start honoring the terms of the Fair Debt Collection Practices Act. Oh, and at the sound of the tone, please don’t leave a voicemail illegally disclosing that a person owes money." BEEP...

FTC's record-setting Do Not Call settlement: 4 tips for business and one candid suggestion

Lesley Fair
Yesterday’s 10th anniversary of the National Do Not Call Registry was a good time to reflect on a decade of progress. But to paraphrase Thomas Jefferson (or Patrick Henry, Irish statesman John Philpot Curran, or whoever else said it), eternal vigilance is the price of an uninterrupted dinner hour. A record-setting $7.5 million settlement with a national mortgage broker demonstrates the FTC’s commitment to the fight against illegal telemarketing...

FCRA's Furnisher Rule: It's all about accuracy and integrity

Colleen Tressler
If you report information about consumers to consumer reporting agencies (CRAs) — like a credit bureau, tenant screening company, or check verification service — you have legal obligations under the Fair Credit Reporting Act's Furnisher Rule. The FTC enforces the rule, and has guidance about your responsibilities to furnish information that's accurate and complete, and to investigate consumer disputes about the accuracy of information you provide...

Last resort

Lesley Fair
Three FTC cases, 83 civil actions brought by 28 states, more than 184 defendants facing criminal charges in cases filed by federal and local prosecutors, and 25 actions brought by agencies in 10 other countries. If you’re unclear on whether law enforcers are presenting a united front against travel-related fraud, then we have some oceanfront property to sell you. One of the scams targeted by the latest law enforcement sweep involves bogus offers...

Calling all cards

Lesley Fair
We’ve been saying it for years: “What the headline giveth, the footnote cannot taketh away.†The same holds true for the dense block of text, the hidden-away reverse side, the vague hyperlink, or any other place the FTC has warned advertisers may not meet the standard for “clear and conspicuous†disclosure. A recent settlement involving long distance phone cards emphasizes what’s not so fine about fine print. DR Phone Communications markets and...