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Winter Storm Elliott: How to avoid clean-up and repair scams as you get back to business

Colleen Tressler
Weather emergencies don’t take a winter vacation. Scammers don’t either. Just like you, they’re watching the weather reports and preparing for storms – and they’re counting on catching you unawares. Winter Storm Elliott affected the U.S. from coast to coast. The storm’s chilling effects from record cold and snow to the loss of electricity from high winds downing trees and power lines, were felt across much of the nation. If your business has been...

FTC Environmental Marketing Guides: Is it time for a change of green-ery?

Lesley Fair
For a substantial segment of the buying public, environmental claims are highly material. That’s why green consumers see red when companies use misleading representations to pitch their products and services. To protect consumers from deception in the marketplace – and to protect honest businesses from shady claims by competitors – the FTC has taken law enforcement action against false or unsubstantiated environmental promise s. For companies...

$245 million FTC settlement alleges Fortnite owner Epic Games used digital dark patterns to charge players for unwanted in-game purchases

Lesley Fair
The FTC’s $275 million proposed settlement with Epic Games, owner of Fortnite, alleges the company violated the law by collecting personal information from kids under 13 without parental consent and by enabling voice and text chat by default – an unfair practice that put kids and teens in risky contact with strangers. But to borrow a phrase from advertisers, “But wait! There’s more!†Much, much more in the form of a separate $245 million proposed...

Record-setting FTC settlements with Fortnite owner Epic Games are the latest “Battle Royale†against violations of kids’ privacy and use of digital dark patterns

Lesley Fair
Two separate settlements with Epic Games, owner of the massively popular online game Fortnite, send the unmistakable message to business that the FTC means business when it comes to enforcing online protections for kids and fighting back against dark patterns designed to rack up charges without consumers’ express consent. If that isn’t enough to make companies take notice, perhaps these numbers will. Epic will pay a record-shattering $275 million...

What’s new – and what isn’t – in the FTC’s just-published Health Products Compliance Guidance

Lesley Fair
Looking for advice on substantiating your company’s advertising claims? FTC staff just issued a new Health Products Compliance Guidance publication that merits your careful attention. You may be wondering if the publication reflects major changes to the FTC’s 1998 guidance. As we’ll explain, the answer to that question is yes – and no. So turn off your phone, pour a cup of cocoa, and spend some time with what may be one of the most important...

The eyes have it – or at least they should

Lesley Fair
The eyes should have it: a copy of the prescription for their eyeglasses. That’s a right protected by the Ophthalmic Practice Rule, also known as the Eyeglass Rule to the millions of people who have benefited from the specs-tacular options it has opened for them over the years. The Rule requires prescribers to give patients a copy of their prescription immediately after an exam to determine the refraction of the patient’s eyes, even if the...

Facing the facts about fraud: It may not be the face you think

Lesley Fair
Ask someone to picture the typical person who has experienced a scam and they may think of an older consumer taken in by a fast-talking fraudster . Regardless of the image they create, the results of the FTC’s latest Consumer Protection Data Spotlight suggest their impression may not be accurate. That’s because reports in the FTC’s Consumer Sentinel contradict some stereotypes about how fraud affects our communities and evoke a more nuanced...

Health app developers: Updated interactive tool can help you get started on compliance

Lesley Fair
The burgeoning market for health apps holds promise for consumers, but only if – and this is a big if – app developers understand their legal obligations and honor those responsibilities. The FTC just released an updated Mobile Health App Interactive Tool to help industry members determine what federal laws and regulations might apply to their apps. If you’re involved at all in the health apps marketplace, you owe it to your company – and to your...

Hey, Google and iHeartMedia: FTC doesn’t heart deceptive endorsements

Lesley Fair
If there’s one point to take from the FTC’s action against Google and iHeartMedia, it’s that the FTC doesn’t heart endorsements given by people who haven’t actually used the product they recommend. In proposed settlements announced in conjunction with actions brought by State Attorneys General, the FTC alleges that Google and iHeartMedia aired nearly 29,000 ads featuring iHeart radio personalities touting their positive personal experiences with...

FTC and Wisconsin aim to show deceptive timeshare exit claims the exit

Lesley Fair
Many people – including older consumers – find themselves tied to pricey timeshares that no longer meet their needs. They were sold on the idea of idyllic getaways, but now need to get away from those getaways. Enter the timeshare exit industry. The concern, however, is when operators claim they can get people out of their timeshare contracts, but promise more than they deliver, often leaving consumers in an even deeper financial hole. A case...