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Mo' bill messaging

Lesley Fair
We can’t figure out why Hollywood hasn’t returned our call, but here's a great idea for an action movie. FTC attorneys go to court to stop a company from illegally billing people for text message-based subscription services they never asked for and didn’t authorize. We even have a can’t-miss title: Crambo. Maybe our proposed remake is a little light on the headbands and camouflage, but we think it’s a compelling story nonetheless. Cramming —...

Faux claims for faux fur

Lesley Fair
In some ways, think of it as “faux faux fur.†No, that’s not a typo. It’s what results when national retailers advertise items of apparel as fake fur, when in fact, they contain, well, fur. Those are just some of the allegations in recent FTC complaints against The Neiman Marcus Group, Inc., DrJays.com, Inc., and Eminent, Inc. (which shoppers may know as Revolve Clothing). Some consumers like fur products. Others make a conscious choice not to...

FTC Reboots .com Disclosures: Four Key Points and One Possible Way to Bypass the Issue Altogether

Lesley Fair
We asked how the FTC’s 2000 staff guidance document Dot Com Disclosures was working for you, and you said it was due for some updating. After hosting a workshop and receiving stacks of written feedback, the FTC has issued a revised version, renaming it .com Disclosures: How to Make Effective Disclosures in Digital Advertising. You’ll want to read it in depth to see how it will affect your company, but the new title is a tip-off: .com Disclosures...

Screen regs and spam?

Lesley Fair
Do you like them on the screen Of your mobile phone machine? I do not like text message spam. I do not like them, Sam I am. Fighting back against text message spam isn’t child’s play, and consumers have sent the strong message they’re not fans of unsolicited texts — especially ones conveying deceptive claims. A series of law enforcement actions just filed by the FTC drives that point home and represents the latest move against misleading...

Building your VOCabulary

Lesley Fair
The FTC just accepted final settlements with two of the largest paint manufacturers in the country — Sherwin-Williams and PPG Architectural Finishes. The complaints charged that the companies made deceptive “zero VOC†claims for their Dutch Boy Refresh and Pure Performance brands. But along with the settlements, the FTC issued an Â鶹´«Ã½ Policy Statement that's a must-read if you're thinking about making similar claims and want to comply with...

Batten down the patches: Six points to take from the FTC settlement with HTC

Lesley Fair
By now, you’ve read about the FTC’s settlement with HTC — the agency’s first law enforcement action against a mobile device manufacturer. According to the complaint, when HTC customized the operating systems used on many of its products, it introduced security vulnerabilities that put users’ sensitive information at risk. In addition to requiring implementation of a comprehensive security program, the proposed order includes a first-of-its-kind...

Device Squad: The story behind the FTC's first case against a mobile device maker

Lesley Fair
HTC America is a leading manufacturer of smartphones and tablets using the Android, Windows Mobile, and Windows Phone operating systems. The company’s motto is “quietly brilliant.†But based on an FTC lawsuit challenging the company's security practices, consumers might be surprised to find out their devices have also been “quietly vulnerable.†To settle the case — the FTC’s first against a device manufacturer — HTC has agreed to a far-reaching...

FTC Path case helps app developers stay on the right, er, path

Lesley Fair
In the few years it’s been up and running, Path has billed itself as a different kind of social network. According to a description of its "Values," "Path should be private by default. Forever. You should always be in control of your information and experience." It’s a lovely sentiment. Except that according to an FTC law enforcement action, it wasn’t private by default. It wasn’t private forever. Users weren’t in control of their information and...

Bank data security (but not that kind of bank)

Lesley Fair
You spend a good portion of your time trying to protect sensitive information on your network from high-tech hijackers. That’s important, of course. But don’t let it take your eye off the risks posed by good old-fashioned — make that bad old-fashioned — theft. That’s the message businesses can take from the FTC’s settlement with cord blood bank, Cbr Systems, Inc. New parents have a lot of things to buy — cribs, car seats, and the like. But some...

Background screening reports and the FCRA: Just saying you're not a consumer reporting agency isn't enough

Tony Rodriguez and Jessica Lyon
You know that phrase “If it quacks like a duck. . . “? It’s applicable in the Fair Credit Reporting Act context, too. If a company meets the legal definition of a “consumer reporting agency,†it’s a consumer reporting agency. Including a disclaimer that says, in effect, “But we’re not a CRA!†won’t change that. That’s one important takeaway tip from the FTC’s settlement with Filiquarian Publishing, the agency’s first FCRA case involving mobile...