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Federal Trade Commission

The FTC joined with the National Labor Relations Board in order to bolster efforts to protect workers against anticompetitive and unfair practices. It also announced a $25 million refund to U.S. and international consumers that were allegedly defrauded by a sweepstakes scheme. And for the first time in FTC history, the Commission brought an action under the Military Lending Act against a Jewelry company that allegedly mislead military families. These stories and more after the jump.Continue Reading FTC Updates (July 18-22, 2022)

Federal Trade Commission

During the week of Independence Day, the FTC announced that it is seeking further public comment on its Amplifier Rule, which requires uniform measurements and disclosures for home entertainment amplifiers. In addition, the FTC initiated a new action against grill maker Weber-Stephen Products, LLC for illegally restricting customers’ right to repair their purchased products.  These stories and more after the jump.Continue Reading FTC Updates (July 5-8, 2022)

Federal Trade Commission

While the country was busy celebrating Star Wars Day and Cinco de Mayo, the FTC took a number of actions in the consumer protection realm. The agency reported success stories in relation to a credit repair scam, a multi-level marketing scheme, and even deceptively-advertised Internet speeds. In addition, the Commission initiated its second action using the new Made in USA rule, shortly after the first one—this time against an apparel company. The agency also ordered divestment of a subsidiary in a medical device company’s acquisition in the sinus field and sought public comments on the updates to the Energy Labeling Rule. Further, the Senate may begin working to restore the FTC’s power to obtain equitable monetary relief for consumers in federal court. These stories and more after the jump. Continue Reading FTC Updates (May 2-13, 2022)

Federal Trade Commission

Monday, January 31, 2022

Consumer Protection: Privacy & Facial Recognition

  • FTC Commissioner Christine Wilson issued a series of letters to Senators Ron Wyden, Maria Cantwell, and Roger Wicker as well as House of Representatives members Jan Schakowsky, Cathy McMorris Rodgers, and Gus Bilirakis to request review of a proposed contract between the IRS and ID.me, an identity verification software company. Ms. Wilson’s letters highlight a recent Washington Post article predicting that taxpayers may have to scan their faces in order to access their IRS tax accounts. She also expresses concerns that ID.me’s software would not adequately protect the privacy of taxpayer records and could cause other harms, referencing a 2019 hack of the U.S. Customs and Border Patrol database, which exposed thousands of photos of Americans. Commissioner Wilson notes that the recipients of her letters are leaders on privacy issues in the House and Senate, and she offered the FTC’s assistance with this request.

Continue Reading FTC Updates (January 31-February 4, 2022)

Federal Trade Commission

Monday, January 10, 2022

Consumer Protection: Cryptocurrency Payment Scams

  • The FTC issued a warning alerting consumers to a new cryptocurrency scam. Scammers begin by impersonating government, law enforcement, or local utility companies. They message or call the victim to the tell them that they have won the lottery or a prize. Eventually, the scammer requests money from the victim and instructs the person to withdraw cryptocurrency from a cryptocurrency ATM. The scammer provides a QR code so the victim can transfer the cryptocurrency to themselves. Tracking the cryptocurrency is extremely difficult to do, which means most victims are not able to retrieve their funds. The FTC issued the warning due to the increased number of reported scams.

Continue Reading FTC Updates (January 10-14, 2022)

Federal Trade Commission

Monday, December 6, 2021

Consumer Protection: FTC’s Franchise Rule

  • The FTC filed an amicus brief in pending litigation to advise the Supreme Court that the FTC’s Franchise Rule cannot be used to determine whether a franchisee is an employee or an independent contractor. The Franchise Rule, codified as 16 C.F.R. §§ 436–437, requires franchisors to provide certain material disclosures to all potential franchisees. In its brief, the agency explained that it enacted this Rule in 1978 in response to widespread deception in the sale of franchises, and that it should preempt state laws only if they offer less protection to prospective franchisees.

Continue Reading FTC Updates (December 6-10, 2021)

Federal Trade Commission

Monday, November 15, 2021

Financial Management Office: FTC Operations

  • The FTC issued its Fiscal Year 2021 Agency Financial Report outlining financial and high-level performance results and highlighting recent agency accomplishments. The 98-page report also contains an overview of the agency’s mission and organization, an independent auditor’s report of the FTC’s 2020 and 2021 financial statements, and the Office of the Inspector General’s assessment of the FTC’s top management and performance challenges.

Continue Reading FTC Updates (November 15-19, 2021)

Federal Trade Commission

Monday, November 8, 2021

Antitrust: Hart-Scott-Rodino Act

  • The Federal Trade Commission and the Justice Department’s Antitrust Division released the agencies’ 43rd Annual Hart-Scott-Rodino Report. The report provides HSR Premerger Notification data for fiscal year 2020, and its release coincides with an unprecedented surge in pre-merger filings during the current fiscal year.

Continue Reading FTC Updates (November 8-12, 2021)

Federal Trade Commission

Monday, October 25, 2021

Bureau of Competition and FTC Operations

  • The FTC issued a policy statement restoring its pre-1995 practice of requiring parties under a merger consent decree to obtain the Commission’s permission before pursuing additional acquisitions in that market. This “Prior Approval” policy is designed to protect consumers and deter “clearly anticompetitive” deals, per Holly Vedova, the Director of the Bureau of Competition. The FTC will consider a number of factors when deciding whether to permit a deal, including (1) the nature of the transaction, (2) the level of market concentration and the degree to which the transaction increases market concentration, (3) the degree of pre-merger market power, (4) the parties’ history of acquisitiveness, and (5) evidence of anticompetitive market dynamics. The Commission approved the statement by a vote of 3-2; the Commissioners voting against the policy subsequently issued a dissenting statement.

Continue Reading FTC Updates (October 25-29, 2021)

Federal Trade Commission

Tuesday, October 5, 2021

Advertising and Marketing & Privacy and Security

  • The FTC approved a settlement with the operators of MoviePass over allegations that they took steps to block subscribers from using the service as advertised, while also failing to secure subscribers’ personal data. The FTC alleged that MoviePass Inc.—along with CEO Mitchell Lowe, and MoviePass’ parent company and its CEO, deceptively marketed its “one movie per day” service, then deployed deceptive tactics aimed at preventing subscribers from using the service as advertised —actions the FTC alleged violated both the FTC Act and the Restore Online Shoppers’ Confidence Act. The FTC also alleged MoviePass’s operators left a database containing large amounts of subscribers’ personal information unencrypted and exposed, leading to unauthorized access.

Continue Reading FTC Updates – October 2021