The FTC, in partnership with the DOJ, filed a complaint against a Voice over Internet Protocol service provider for the transmission of millions of allegedly illegal prerecorded telemarketing robocalls. The company and its owner are now facing injunctive and monetary penalties. The Commission also announced its intentions to update the Telemarketing Sales Rule with a notice and advance notice of proposed rulemaking. More on these stories after the jump.
Continue Reading FTC Updates (April 25-April 29, 2022)

This week, the FTC cracked down on day-trading investment advertising and Chair Khan discussed the agency’s enforcement priorities, including the proliferation of non-compete agreements. The Commission tentatively announced it will discuss expansive changes to the Telemarketing Sales Rule at its April 28 Open Commission Meeting. These stories and more after the jump.
Continue Reading FTC Updates (April 18-22, 2022)

Monday, December 20, 2021

Bureau of Competition: Retail Fuel Merger

  • The FTC entered into a consent order with Global Partners LP and Richard Wiehl to settle charges that Global’s proposed acquisition of Wiehl’s chain of 27 retail gasoline service stations would violate federal antitrust laws. Under the order, Global and Wiehl must divest seven fuel outlets to Petroleum Marketing Investment Group, and for the next ten years, Global must obtain prior approval from the Commission before acquiring retail fuel assets within two miles of any of the divested outlets. Concurrently with the order, the agency issued an analysis explaining the potential anticompetitive effects of the proposed acquisition and how the consent agreement remedies those effects.

Continue Reading FTC Updates (December 20, 2021 – January 7, 2022)

Wednesday, December 1, 2021

Consumer Protection: Advertising and Telemarketing

  • The FTC finalized a settlement with New York-Based Lifewatch, Inc, an ambulatory cardiac monitoring service, which will result in paying back more than $1.8 million to consumers, including many older Americans. The FTC’s complaint, filed jointly with the Florida Attorney General’s Office, alleged that the defendants bombarded consumers with at least a billion unsolicited robocalls to pitch supposedly “free” medical alert systems. These pre-recorded messages claimed that Lifewatch’s medical alert system was endorsed or recommended by reputable organizations like the American Heart Association. The company’s telemarketers often told consumers that a medical alert system had been purchased for them, and they could receive it “at no cost whatsoever.” Consumers eventually learned that they were responsible for monthly monitoring fees and that it was difficult to cancel without paying a penalty. The defendants are also banned from telemarketing and misrepresenting the terms associated with the sale of any product or service.

Continue Reading FTC Updates (November 29 – December 1, 2021)