FTC Consumer Protection Highlights :: Antitrust Lawyer Blog
April 18, 2008

FTC FILES COMMENT WITH FERC ON COMPETITION IN WHOLESALE ELECTRICITY

On April 18, 2008, the Federal Trade Commission (“FTC”) filed a comment with the Federal Energy Regulatory Commission (“FERC”) regarding an earlier notice of proposed rulemaking (“NOPR”) that sought to provide consumers incentives to reduce power use. FERC proposed to provide consumers with incentives to reduce power use when electricity is scarce and expensive at the wholesale level.

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February 13, 2008

FTC SUES FOR UNLAWFULLY BLOCKING SALE OF LOWER-COST GENERIC VERSIONS OF BRANDED-DRUG

On February 13, 2008, the Federal Trade Commission filed a complaint in federal district court against Pennsylvania-based pharmaceutical company Cephalon. The complaint charged that Cephalon engaged in a course of anticompetitive conduct that is preventing competition to its branded drug – Provigil. In 2007, U.S. sales of Provigil totaled more than $800 million and accounted for over 46% of Cephalon’s total sales. Based on such figures, the FTC alleged, it was obvious why Cephalon considered the prospect of generic drug competition to be a serious threat to its profitability.

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January 11, 2008

FTC STOPS DECEPTIVE “HEALTH CONFERENCES” AND SALES OF SUPPOSED

The Federal Trade Commission stopped a father, his two sons, and their network of companies from deceptively selling a healthcare business opportunity with false promises of earning up to a million dollars in profits. In addition, the FTC halted their sale of an herbal tea product, marketed with claims that it could prevent, treat, or cure a number of diseases, including AIDS, diabetes, cancer, arthritis, strokes, and heart disease. The defendants will turn over all of their frozen assets to settle the FTC’s charges.

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June 21, 2007

FTC Stops Alleged Extortion Scheme Aimed At Hispanics Nationwide

On June 21, a federal court stopped an operation that allegedly victimized Spanish-speaking consumers nationwide by posing as debt collectors seeking payments consumers did not owe.
From 2003 to 2005 the defendants had been allegedly selling an English-language instruction course, “Inglés con Ritmo,” advertised on Spanish-language television and the defendants’ Web sites, www.tonorecords.com and www.tonomusic.com, stating that it was free due to government or non-profit subsidies. Inquiring consumers were told that a shipping and handling fee of $100 to $169 applied. Since 2006, the complaint states, the defendants, posing as third-party debt collectors, told consumers they owed money, typically $900, and repeatedly called them, even though the evidence shows that they owe no money.

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June 12, 2007

FTC Asks Court to Shut Down Illegal Pyramid Operation

On June 12, the FTC asked the court to halt the deceptive practices and misrepresentations and to freeze the BurnLounge’s assets, pending a trial, to preserve them for consumer redress. On June 6, 2007, the FTC filed a complaint in the U.S. District Court for the Central District of California against BurnLounge, Inc. The complaint charged that BurnLounge held an illegal pyramid scheme by selling opportunities to operate on-line digital music stores. The FTC is seeking a permanent halt to the illegal pyramid practices as well as other illegal practices alleged in the complaint.

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May 31, 2007

FTC Testifies on Government Agencies’ Collection and Use of Personal Information and Identity Theft

On May 31, the FTC asserts that public agencies can help reduce the incidence and impact of identity theft. The FTC, in a discussion with the Ohio Privacy and Public Records Access Study Committee in Columbus, also affirms that government agencies should limit the amount of information they collect, restrict access to the information, and implement procedures to respond to data breaches.

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May 15, 2007

FTC Recovers $160,000 for Franchisees Who Bought Web Services Businesses

On May 15, the FTC banned Elliot Krasnow from ever promoting or selling franchises or business opportunities ever again. Along with his company Netvertise, Inc, Krasnow returned $160,000 to consumers after the FTC charged that they used bogus earnings claims to lure franchisees into buying their Web services businesses, and failed to tell customers that the owner was under a previous FTC order for deceptively promoting rare coins.

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May 8, 2007

Repeat Offender Permanently Banned from Telemarketing, Selling Business Programs

On May 8, the FTC banned a scammer from telemarketing and from selling any type of business program in the future. Richard C. Neiswonger, who boasted that consumers could earn a six-figure income if they purchased and used his $10,000 asset protection service business program, had previously been previously charged with falsely claiming that consumers would make a substantial income. Neiswonger had failed to disclose that his company’s references were paid for favorable reviews. An FTC order entered in 1997 barred those deceptive practices, but the scammer has violated the order by using the same deceptive business practices in his most recent scheme. In addition, he failed to disclose significant facts to consumers, especially his time spent in federal prison for money laundering and wire fraud – a violation of the FTC order.

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April 27, 2007

FTC Settles Two Complaints Charging Rebate-Fulfillment Violations

On April 27, the FTC settled charges against two companies for unfair and deceptive rebate practices. The FTC’s complaint against Soyo, Inc., a Nevada corporation, alleges that most of Soyo’s rebates were delivered late – in some cases, consumers had to wait a year or longer for their checks to arrive. The FTC’s complaint against the InPhonic, a Delaware corporation, alleges that, in connection with its advertised rebate offers, among other things, the company failed to provide promised documents needed to obtain rebates, to send out rebate checks in the time promised, and to disclose adequately certain material terms and conditions prior to purchase. The settlements bar the companies from similar violations in the future and require them to pay outstanding rebates to affected consumers.

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April 24, 2007

FTC Identifies Additional Group of ChoicePoint Identity Theft Victims Who May Qualify for Redress

On April 24, the FTC mailed out an additional 1,500 claim forms for reimbursement to consumers who may have been victims of identity theft due to alleged security lapses at data broker ChoicePoint, Inc.

In December, 2006, the FTC mailed claim forms to 1,400 consumers.
In 2005, ChoicePoint, which compiles and sells personal information, announced that it had sold information about many consumers to people who turned out to be identity thieves. The FTC, after some investigation found this to be the case. In the settlement between the FTC and ChoicePoint the company was required to pay $5 million to be used to reimburse consumers for expenses due to identity theft caused by ChoicePoint’s security breach.

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March 12, 2007

Kmart Settles With FTC Over Gift Card Sales Practices

On March 12, Kmart Corporation agreed to settle FTC’s charges that it engaged in deceptive practices in advertising and selling its Kmart gift card. Kmart will implement a refund program and publicize it on its Web site. This is the agency’s first law enforcement action involving gift cards.

According to the FTC’s complaint, Kmart promoted the card as equivalent to cash but failed to disclose that fees are assessed after two years of non-use, and misrepresented that the card would never expire. Kmart has agreed to disclose the fees prominently in future advertising and on the front of the gift card.


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February 28, 2007

Programmer Gives Up All The Money He Made Distributing Spyware

On February 28, Nicholas C. Albert, an affiliate Webmaster who used the allure of “free” music downloads to spread malicious computer code, is settling FTC charges he violated federal law. The defendant, who was paid to distribute the code by the company that developed it, will give up all of his ill-gotten gains and is permanently bared him from interfering with consumers’ computer use, including distributing software code that tracks consumers’ Internet activity or collects other personal information, changes their preferred homepage or other browser settings, inserts new toolbars onto their browsers, installs dialer programs, inserts advertising hyperlinks into third-party Web pages, or installs other advertising software. He is also prohibited from making false or misleading representations; prohibited from distributing advertising software and spyware; and is required to perform substantial due diligence and monitoring if he is to participate in any affiliate program. Albert will also give up his ill-gotten gains – $3,300.

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February 2, 2007

FTC Stops Credit Card Rate Reduction Scam

On February 2, a Canadian telemarketer that falsely claimed it could reduce U.S. consumers’ credit card rates, was stopped by a federal court.

The FTC’s complaint alleges that the defendants have sold credit card interest rate reduction services since December 2005, claiming affiliation with consumers’ credit card companies. The defendants promise to effect credit card rates between 4.75 percent and 9 percent, thus saving consumers at least $2,500, and that if consumers do not save that amount their money will be refunded. The complaint also alleges that the defendants engaged in Caller ID spoofing, causing consumers’ caller identification services to display telephone numbers that do not belong to the defendants, but rather to innocent victims whose telephone numbers are misappropriated.
The defendants sent consumers promotional materials with promises to reduce their interest rates, and a “financial profile form” that the consumers had to mail back for $675 plus $20 for shipping and handling. The form asks consumers to list their current balance, credit limit, interest rate, and suggested minimum payment for each of their credit card and other debts, as well as their social security number and other personal information.

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January 8, 2007

FTC Sues Payment Processor That Took Millions From Consumers’ Bank Accounts Without Their Knowledge

On January 8th, a payment processor violated federal law when it debited, or tried to debit, more than $9.9 million from consumers’ bank accounts – at $139 each – without their approval. According to a complaint the FTC filed in federal court, Nevada-based InterBill Ltd. acted on behalf of a fraudulent enterprise known as “Pharmacycards.com.” In 2004 the FTC charged Pharmacycards with debiting millions of dollars from consumers’ checking accounts, without their consent, for nonexistent discount pharmacy cards.

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January 4, 2007

Federal Trade Commission Reaches New Year’s Resolutions with Four Major Weight-Control Pill Marketers

The FTC filed complaints on January 4th, in four separate cases alleging that weight-loss and weight-control claims were not supported by competent and reliable scientific evidence. Marketers of the four products –Xenadrine EFX, CortiSlim, TrimSpa, and One-A-Day WeightSmart –settled with the FTC, surrendered cash and other assets worth at least $25 million, and agreed to limit their future advertising claims.

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December 29, 2006

FTC Charges Chicago-Area Doctor Groups with Price Fixing

On December 29, the Federal Trade Commission announced its decision to challenge the conduct of several organizations representing more than 2,900 independent Chicago-area physicians for agreeing to fix prices and for refusing to deal with certain health plans except on collectively determined terms. The FTC’s complaint charges that the actions of Advocate Health Partners (“AHP”) and other related parties unreasonably restrained competition in violation of Section 5 of the FTC Act. The consent order settling the FTC’s charges prohibit the respondents from engaging in such anticompetitive conduct in the future.

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