News from the Federal Trade Commission - June 2014

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Penn Corner June 2014

Big Data, Big Business

data brokers

An FTC survey of nine data brokers revealed that standard industry practice is to collect information about people — largely without their knowledge — from online and offline sources to create extensive profiles. The survey found that data brokers combine and analyze the data to make inferences about potentially sensitive issues, including ethnicity, income, religion, political leanings, age and health status. The FTC report recommends that Congress consider enacting legislation to increase transparency in the industry and to give people more control over the information collected about them and shared. 

BrainStrong or Plain Wrong?

Brainstrong logo

i-Health, Inc. and Martek Biosciences Corporation have agreed to settle FTC charges that they misled people when they claimed that their product was clinically proven to improve adult memory and would prevent cognitive decline. Ads for BrainStrong referred to a “recent clinical study” that set it apart from other supplements and convinced thousands of people to pay about $30 for a 30-day supply. But according to the FTC, the study referenced in the ads found that people who took BrainStrong didn’t show meaningful improvement on memory tests compared to people who took a placebo. What’s more, the study wasn’t designed to test cognitive decline.

Auto No No

cars

Consumer Portfolio Services Inc. (CPS), a national subprime auto lender, has agreed to pay more than $5.5 million to settle FTC allegations that it overcharged customers and used illegal debt collection tactics. According to the FTC, CPS collected money that people didn’t owe, harassed customers and third parties, falsely threatened repossession, and disclosed debts to friends, family and employers. CPS also failed to investigate and respond reasonably to disputes about information reported to credit bureaus. Under the order, the company will send refunds and adjust affected account balances before the end of the summer. 

Pros or Cons?

money

The FTC charged DebtPro 123 with billing people as much as $10,000 for services that were supposed to include providing legal advice, settling debts and repairing credit in three years or less. The defendants claimed that consumers could reduce their debts by 30 to 70 percent, and promised they could “become debt free and enjoy financial independence” in as little as 18 months. But the defendants allegedly did little or nothing to settle the debts, and their scheme often left consumers worse off than they were before.

A Ri-ski Agreement

girl skiing

Ski equipment makers Marker Völkl and Tecnica Group have settled FTC charges that for years they illegally agreed not to compete for endorsers or employees. According to the FTC’s complaint, the best marketing tool for ski equipment is an endorsement from a well-known skier. Typically, companies compete for these endorsements, but an illegal agreement prevented these companies from bidding against each other. Tecnica Group sells Tecnica, Nordica, and Blizzard ski equipment. Marker Völkl is a subsidiary of Jarden Corporation, the leading seller of skis in the US.

                                

"The extent of consumer profiling today means that data brokers often know as much — or even more — about us than our family and friends, including our online and in-store purchases, our political and religious affiliations, our income and socioeconomic status, and more. It’s time to bring transparency and accountability to bear on this industry on behalf of consumers, many of whom are unaware that data brokers even exist."

— FTC Chairwoman Edith Ramirez

One Louse-y Product

In a recent settlement, the FTC alleged that Lornamead, Inc. exaggerated claims that its Lice Shield shampoo, stick, and spray products were proven to prevent or reduce the risk of getting head lice, especially in children. Under the settlement, the company will pay $500,000, and is prohibited from making further deceptive lice-prevention claims.

The Unfortunate Truth

Fortune Hi-Tech Marketing — a company that allegedly operated an illegal pyramid scheme disguised as a multilevel marketing program — will refund at least $7.7 million to people who lost money. The settlement bans the company from the multilevel marketing business and from deceiving consumers.

Full of Beans

The FTC charged a Florida-based operation with making bogus weight loss claims and using fake news sites to market Pure Green Coffee, a dietary supplement. Popularized on The Dr. Oz Show, green coffee bean extract was touted as a potent weight loss treatment, but according to the FTC’s complaint, no clinical study shows that Pure Green Coffee causes quick or substantial weight loss.

Where in the World

The FTC recently testified before Congress about privacy concerns raised by geolocation tracking. While products and services that use geolocation can make people’s lives easier and more efficient, the agency noted that geolocation data also can reveal intimate details about people and may be sold to build profiles about them without their knowledge or consent.

Conditional Pricing Workshop

The FTC and the Antitrust Division of the Department of Justice will host a one-day workshop on June 23, 2014, to explore the implications of pricing practices like loyalty and bundled pricing. Presentations and roundtable discussions will focus on pricing contingent on buying or selling a certain share or volume of product. The workshop is free and open to the public, and will be webcast.

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