The FTC kicked off the holiday season analyzing data on fraudulent online shopping, cryptocurrency, and employment advertisements that are popular on social media. The Commission also announced updates to the Eyeglass Rule while also announcing the public comment period for potential updates to the Green Guides. These stories and more after the jump. Continue Reading FTC Updates (December 5 – December 16, 2022)
The week and a half proceeding the Thanksgiving federal holiday was busy for the Federal Trade Commission. Not only did the Commission release yearly updates such as its Fiscal Year 2022 Agency Financial Report and National Do Not Call Registry Data Book for Fiscal Year 2022, it also filed three complaints, an amicus brief and announced an advanced notice of proposed rulemaking. The Bureau of Consumer Protection has been busy in November and focused on many false advertising and deceptive business practice issues. These stories, plus more, after the jump.Continue Reading FTC Updates (November 14-23, 2022)
The FTC hosted an online privacy seminar that brought together researchers, academics, and industry representatives to discuss trends related to consumer privacy and data security. The agency announced a lawsuit against an education technology provider for allegedly lax data security practices that exposed sensitive information about millions of customers and employees. The agency also announced a settlement with a major telecommunications company over alleged junk fees and dark pattern practices. These stories and more after the jump.Continue Reading FTC Updates (October 31 – November 4, 2022)
The FTC had its hands full last week with enforcement actions—releasing orders and a warning letter in matters across the board from consumer privacy, to COVID-19, and to advertising. More on these actions, as well as an update on a forthcoming event on consumer privacy and data security, after the jump.Continue Reading FTC Updates (October 24-28, 2022)
The FTC unveiled its Proposed Rule on Commercial Surveillance and Data Security. The Commission relied on the COVID-19 Consumer Protection Act and the Made in USA Labeling Rule to refer a complaint against personal protective equipment (“PPE”) and light fixture manufacturers. The case marks the second time the FTC has used the Made in the USA Labeling Rule to target companies for allegedly deceptive claims. Commissioner Alvaro Bedoya spoke at the National Association of Attorneys General Presidential Summit on technology threats to consumer protection. These stories and more after the jump.Continue Reading FTC Updates (August 8-12, 2022)
The FTC announced two victories in separate actions against Personal Protective Equipment (“PPE”) companies and secured more than $17 million for consumers. In the two cases, the FTC has alleged that California-based Glowyy and Louisiana-based American Screening each failed to deliver PPE products within promised time periods during the early stages of the COVID-19 pandemic. In addition, the FTC announced a new action and consent agreement against online homebuying firm Opendoor Labs, Inc. for allegedly misleading claims about the benefits of its service. Last, the Commission is sending checks totaling more than $1 million to 1,966 consumers who were harmed by a debt collection scam. These stories and more after the jump.Continue Reading FTC Updates (August 1-5, 2022)
The FTC, in the week leading up to the Fourth of July holiday, took action in multiple healthcare arenas, including supplements and Ear, Nose and Throat (“ENT”) specialty products. The agency also successfully shut down a scammer who used PPP loans to sell bogus grant funding packages to minority-owned businesses in Florida. These stories and more after the jump.Continue Reading FTC Updates (June 27 – July 1, 2022)
Class actions following a product recall often focus on what the company allegedly knew before its products were taken off the market. But this is not always the case. A company can also come under fire for its actions after the recall and, specifically, what recourse it offers to consumers of recalled products.
On October 5, 2021, the U.S. Food and Drug Administration (“FDA”) alerted the public of a manufacturing issue with certain lots of Ellume USA LLC’s (“Ellume”) COVID-19 Home Tests that had could lead to false positive results, and several weeks later, the FDA announced a Class I recall of these tests based on the higher-than-acceptable false positive test result. When it comes to COVID-19, a false positive could lead to delayed diagnosis and treatment of the actual cause of illness; further spread of COVID 19 when presumed positive people are grouped based on false test results; unnecessary COVID-19 treatment from health care providers, such as antiviral treatment, convalescent plasma, or monoclonal antibody treatment, which can result in side effects; disregard for the recommended precautions against COVID-19, including vaccination; and isolation, monitoring household or close contacts for symptoms, limiting contact with family or friends, and missing school or work.
Continue Reading Recall Litigation Report: Consumers Bring Class Action Lawsuit Against Ellume Refusing to Refund Recalled COVID-19 Home Tests
The FTC kicked off the week with a fresh batch of warning letters and followed this up with a pair of complaints related to deceptive marketing. Just in time for the busiest part of tax season, the FTC has filed administrative and federal complaints against Intuit, manufacturers of the popular TurboTax software. The Commission also entered into a record-breaking settlement with a multistate car dealer over alleged deceptive sales tactics, some of which were racially discriminatory. Finally, action in the Senate this week indicates that the long-vacant fifth Commissioner position may finally fill. These stories and more after the jump.
Continue Reading FTC Updates (March 28 – April 1, 2022)
The FTC’s Bureau of Consumer Protection issued a number of press releases regarding advertising and marketing practices in the fashion, finance, and the dietary supplement industries. The agency finalized a settlement over false and suppressed endorsement reviews. It also obtained injunctions over allegations ranging from false claims of removing negative information from credit reports to false health claims related to dissolvable film strips. The Commission also proactively issued warning letters to companies allegedly selling and advertising COVID-19 treatments.
Continue Reading FTC Updates (March 21-25, 2022)