December 2012

FTC Endorsement Guides: Let's go to the videotape

Has it been a while since you touched base with clients about the FTC’s Endorsement Guides?  Of course, you’ve shown them the three major take-away points in black and white:

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Cooling-Off heats up

Say “Cooling-Off Rule” and most people (OK, most people over a certain age) think of the classic door-to-door salesman — although the scope of the Rule is broader than that.  After listening to comments about the future of the Cooling-Off Rule, the FTC has decided to keep it in place, but is asking for your feedback about one important proposed change.

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FTC's revised COPPA Rule: Five need-to-know changes for your business

It’s not often we describe something as a drop-what-you’re-doing development.  But if you’ve been following proposed changes to the Children's Online Privacy Protection Act (COPPA) Rule, this may qualify.  After national workshops, Federal Register Notices, and hundreds of comments from the public, the FTC just issued final changes to the COPPA Rule.

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Going for broke(r)

Until recently, most consumers — and a whole lot of businesses — were unfamiliar with the operations of the data broker industry.  Data brokers collect personal information from a variety of public and non-public sources and resell it to other companies.  No doubt, there are economic benefits to the flow of certain kinds of information.  But legislators, law enforcers, and others have raised concerns about the privacy implications of what goes on behind the scenes.

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Masquer-aid?

Usually we lay out the facts of a case and then summarize what we see as the take-away tips for business.  But this time we’re switching things up.  Here are the two bottom-line messages from the FTC’s ongoing action against The Cuban Exchange:  It’s a Bad Idea to use robocalls to impersonate familiar groups in an effort to trick people into turning over their bank account info and other sensitive data.  And it’s a Really Bad Idea when the group you impersonate is the Federal Trade Co

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New URL in town

Business.ftc.gov is happy to welcome a sibling:  consumer.ftc.gov — the new URL for consumer resources from the FTC, the nation’s consumer protection agency.

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Survey says: What FTC follow-up report on kids' apps means for your business

Next time you’re in a long line at the grocery store, watch how parents distract a kid who's feeling cranky.  They used to jangle keys or offer a favorite toy.  But now a lot of Moms and Dads hand them a smartphone with an app designed for children.  As the kids' app market continues to grow, FTC staff issued a report detailing survey results showing that neither app stores nor app developers were giving parents the information they need to figure out what data is being collected from their kids, how it’s shared, and who has access to it.  The report

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Unfurling a new definition of "creditor" under the Red Flags Rule

Curious about the Red Flags Rule, an identity theft prevention measure first issued in 2007?  The FTC has announced a new Interim Final Rule that narrows the circumstances when a creditor is covered.  Are you and your clients up on the latest?

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Removing the mystery from history sniffing

It’s called history sniffing — the practice of “sniffing” people’s web browsers to determine if they’ve visited certain sites.  According to the FTC’s lawsuit against Epic Marketplace and affiliated companies, history sniffing is a particularly invasive form of tracking that raises serious consumer privacy concerns.

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Proposed changes to the Used Car Rule: What you auto know

The wheels are turning on proposed updates to the FTC’s Used Car Rule.  Formally known as the Used Motor Vehicle Trade Regulation Rule (although only its Mother calls it that), the Rule has been in effect since 1985.  It requires car dealers to display a window sticker, called a Buyers Guide, on used cars they offer for sale.  The Buyers Guide gives people information about the car — for example, whether it’s being sold “as is” or with a warranty, what percentage of the repair costs a deal

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