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Business Blog

Consumer gag clauses: Totally not awesome under CRFA

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Moon Unit Zappa’s 1982 song “Valley Girl†popularized the phrase “gag me with a spoon.†We doubt the lyric “gag me with a form contract clause†would have been a hit, but it’s among the tactics...
Business Blog

3 tips from 3 FTC Consumer Review Fairness Act cases

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Their lines of work are as different as can be: an HVAC and electrical contractor, a flooring seller, and a company that takes people on horseback rides. But according to the FTC, they have one thing...
Business Blog

It’s unwise to incentivize positive skewed reviews

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Is there anything you can’t get delivered to your front door? (And yes, home renovators will attest you can even get a front door delivered to your front door.) The burgeoning subscription model can...
Business Blog

Endorsement enforcement: Deceptive diabetes claims challenged

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Archeologists report that the first mention of diabetes was in a papyrus excavated from an Egyptian tomb. Roll the scroll out a bit and it wouldn’t surprise us to find an ad (in hieroglyphics, of...
Business Blog

Planning a social media marketing campaign? Read this first.

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It started as one of those “run it up the flagpole†ideas to enlist big-name gymnasts to promote a brand of mosquito repellent just as news stories about the 2016 Brazil Olympics were sounding...
Business Blog

Three films not on our Top 10 list

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In the annals of film, Citizen Kane, The Godfather, and Casablanca are among our top picks. But don’t expect our list to include TBX-FREE, Eupepsia Thin, or Prolongz, dissolving strips of film the FTC...
Business Blog

Making Made in USA claims? Hang your hat on accuracy.

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As the saying goes, some people wear their hearts on their sleeve. And many consumers who feel strongly that “American Made Matters†wear their hearts on their head. In other words, when selecting...
Business Blog

So You Received a CID: FAQs for Small Businesses

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So you’ve received a Civil Investigative Demand (CID) from the Â鶹´«Ã½ Trade Commission related to a consumer protection matter. Now what? We appreciate that it can be daunting for any company –...
Business Blog

Refundamentals: How the FTC returns billions to consumers

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You’ve seen the sentence in FTC news releases or blog posts: “The order includes a $__ million financial remedy.†So how do provisions like that translate into real help for real consumers? That’s the...
Business Blog

2017: The consumer protection year in review

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One Direction had a hit with a song called “18,†but the FTC’s recent law enforcement and policy initiatives suggest that the agency will continue to pursue many directions in its efforts to protect...
Business Blog

Advertisers should be uneasy about unproven disease claims

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The “before†photo showed a silver-haired lady in a wheelchair with a hand on her furrowed brow. “24 hours after†and she’s smiling and knitting on the sofa, thanks to a dietary supplement proven in a...
Business Blog

NextGen’s ad claims: Isn’t it ironic?

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Like Alanis Morissette’s “rain on your wedding day†or “a free ride when you’ve already paid,†the FTC’s lawsuit against Florida’s NextGen Nutritionals, LLC, Anna McLean, Robert McLean, and related...