deceptive marketing

FTC Updates (March 7-11, 2022)

Tuesday, March 8, 2022

Bureau of Consumer Protection: Deceptive/Misleading Conduct on Online Stock Trading Site

The FTC is requiring RagingBull.com, an online stock trading site, to pay $2.425 million and to implement tactics that end the alleged deceptive acts, require affirmative approval from consumers signing up for a subscription, and provide consumers with a simple method of cancelation. According to FTC allegations, the online stock trading site used bogus earnings claims to trick consumers into signing up for services and then trapped them in hard to cancel subscription plans. More specifically, RagingBull.com allegedly made claims that consumers who followed the advice and trade recommendations of its “gurus” could “double or triple” their trading accounts quickly and easily. The FTC complaint further alleges that the defendant included testimonials from purported customers claiming to have made significant amounts of money in short periods of time, e.g., “$6500.00 in 20 minutes.” The complaint noted that Raging Bull’s services, which costs hundreds or thousands of dollars, were set up as recurring subscriptions that are charged quarterly or annually, and that subscribers faced significant hurdles in preventing those recurring charges. The FTC took issue with the allegedly different cancellation requirements that each service had. The proposed order comes on the coat-tail of the FTC’s efforts to crackdown on false earnings claims, returning millions to consumers and requiring click-to-cancel online subscriptions.

Tuesday, February 22, 2022

Bureau of Consumer Protection: Privacy, Security, and Identity Theft

The Commission has released a new data book aggregating information from 2021 consumer reports about fraud, identity theft, and similar topics in the field of consumer protection. The FTC received over 5.7 million reports in 2021, and the reports reflected a combined loss of over $5.8 billion dollars, a staggering 70% increase over 2020. Of these reports, approximately half pertained to fraud, and one in four fraud reports also reported monetary losses. The most common type of fraud reported was an imposter scam, where a scammer posing as a trusted friend or government agency asks for money. Within the realm of identity theft, which made up 25% of consumer reports, the most common type of theft related to misuse of personal information to apply for government documents or benefits, such as unemployment. The data book also breaks down the most common types of reports within each state and includes appendices listing major data contributors, descriptions of report categories, and a comparison of the various report categories over the past three years. The actual consumer reports are uploaded to the agency’s Consumer Sentinel Network, an online database used by law enforcement to identify suspicious trends and business practices.