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FTC announces new Safeguards Rule provision: Is your company up on what’s required?

Lesley Fair
October 2023 marks the 20th anniversary of the effective date of the Gramm-Leach-Bliley Safeguards Rule. Its purpose then – and its purpose now – is to protect consumers by requiring entities covered by the Rule to “develop, implement, and maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of customer information.” The FTC just announced an amendment to the Rule that will require non-banking financial institutions within the FTC’s jurisdiction to report data breaches affecting 500 or more people.

FTC-Wisconsin settlement challenges car dealers’ sales practices, including alleged discrimination against American Indian consumers

Lesley Fair
In the automotive world they’re called “add-ons.” But for many consumers, they really amount to junk fees on wheels that add to the cost of a car while subtracting from the transparency of the transaction. $1.1 million FTC and State of Wisconsin proposed settlements with Wisconsin dealership group Rhinelander Auto Center , its current and former owners, and its general manager allege the defendants deceptively tacked illegal junk fees onto what...

FTC says what was “invisible” about Invisible Mask was proof for its anti-virus claims

Lesley Fair
According to a proposed settlement and a complaint filed by the FTC , two corporations, their President, and their CEO pitched a product called 1Virus Buster Invisible Mask, claiming that wearing the badge-like gizmo around the neck would create a three-foot barrier against 99.99% of viruses and bacteria, including COVID-19. But from the FTC’s perspective, the only thing invisible about Invisible Mask was scientific evidence supporting its claims...

Zero cheers for Sollers College’s alleged deceptive practices

Lesley Fair
Gimme an F! Gimme an A! Gimme an L! Gimme an S! Gimme an E! What’s that spell? “False,” of course, which – along with deceptive and unsubstantiated – is how the FTC describes claims made by Sollers Education, also doing business as Sollers College.

Influence peddling? Bogus “brand ambassador managers” scam prospective influencers

Lesley Fair
We’ve warned professionals about online job scams involving phony “recruiters” who falsely claim to represent big-name businesses. Employment impersonators are still at it, but this time they’re approaching people with bogus offers to be “brand ambassadors” for well-known consumer products companies.

Set phasers to false: FTC challenges crypto company Voyager’s bogus “FDIC insured” claim

Lesley Fair
In the TV show "Star Trek: Voyager," Captain Janeway and crew headed to Delta Quadrant to take on wrongdoers that injured people by wielding a pernicious energy wave. In a twist on the story, the FTC has announced a proposed settlement with a cryptocurrency outfit called Voyager that injured people by wielding false claims that their accounts were “FDIC insured.” The agency is heading to court against Stephen Ehrlich, Voyager Digital’s CEO and founder.

Eviction fiction? $15 million FTC-CFPB settlement with Trans Union and tenant screening subsidiary underscores importance of FCRA’s “maximum possible accuracy” requirement

Lesley Fair
Section 607(b) of the Fair Credit Reporting Act requires consumer reporting agencies to follow reasonable procedures to assure maximum possible accuracy of consumer report information concerning the person in question. “Reasonable procedures to assure maximum possible accuracy” isn’t a wish, a hope, or a lofty aspiration. It’s the law. A proposed $15 million FTC-CFPB settlement with Trans Union and its subsidiary TransUnion Rental Screening Solutions underscores that fundamental legal principle.

FTC proposes junk fee rule to put a stop to bogus and hidden charges

Lesley Fair
Many consumers describe them as annoying, injurious, invisible, and all too common. They could be talking about pernicious pests and in some ways, junk fees – hidden or falsely advertised charges that some companies try to sneak past people in an effort to burrow their way into their wallets – bear a resemblance to their six-legged counterparts. In November 2022, the FTC published an Advance Notice of Proposed Rulemaking asking for your input about unfair or deceptive practices relating to fees. We received 12,000 comments from consumers, businesses, law enforcers, and others. Based on what you told us – as well as experience gained from decades of litigation challenging junk fees – the FTC is considering a proposed Rule on Unfair or Deceptive Fees and we’re asking for your comments again.

Social media: a golden goose for scammers

Emma Fletcher
Scammers are hiding in plain sight on social media platforms and reports to the FTC’s Consumer Sentinel Network point to huge profits. One in four people who reported losing money to fraud since 2021 said it started on social media. [1] Reported losses to scams on social media during the same period hit a staggering $2.7 billion, far higher than any other method of contact. And because the vast majority of frauds are not reported, this figure...

Data Spotlight reveals what’s behind some of those social media ads

Lesley Fair
Sometimes being the “Home of . . .” is an honorific to be proud of. Kudos, Cleveland, for rock ‘n’ roll, and thank you, Buffalo, for your contribution to chicken wings. But the Birthplace of Frauds and Scams isn’t a nickname to be envied. According to an FTC Data Spotlight , reports from consumers suggest that in many instances, that’s becoming a moniker for social media. The Data Spotlight reveals that the most frequently reported losses to...