On February 27, the White House proposed a bill that would provide consumers with a “Privacy Bill of Rights” as well as provide an enforcement mechanism for data breach enforcement actions by the FTC and state attorneys general. The language used is similar to a proposal by the administration in 2012 which failed to gain
FTC Lawsuit Against Debt Relief Servicers Carries Lessons for Structuring Fees Under Telemarketing Sales Rule
On February 18, the Federal Trade Commission filed a complaint against PSC Administrative, LLC and Coastal Acquisitions, LLC seeking injunctive and equitable relief stemming from the defendants’ acts or practices in violation of, among other things, the FTC’s Telemarketing Sales Rule (TSR).
The defendants primarily market debt relief services via radio and Internet advertisements to
FTC’s Annual Summary Highlights Focus on Data Security
In order to assist the Consumer Financial Protection Bureau with its statutory obligation to report annually to Congress concerning the federal government’s efforts to implement the Fair Debt Collection Practices Act, the Federal Trade Commission submitted a summary of its own enforcement activities during 2014.
The FTC’s summary highlights not only the “aggressive law enforcement
FTC Announces Settlements in First Cases Against Auto Title Lenders
The Federal Trade Commission announced on January 30 that it has reached settlements with two auto title lenders operating in Georgia and Alabama. The FTC had alleged that the lenders advertised certain offers without disclosing specific conditions required to receive the advertised rate, and failed to disclose that finance charges may rise after an introductory
FTC Staff Report Addresses “Internet of Things”
The Federal Trade Commission has released a Staff Report addressing the “Internet of Things” – a phrase referring to everyday items that are able to connect to the internet and transmit data. The Internet of Things includes over 25 billion connected devices worldwide, including fitness trackers, connected appliances, and more. Estimates are that by 2020,
Federal Judge Throws Out Debt Collection Class Action
On January 21, the U.S. District Court for the Eastern District of Pennsylvania struck a class action under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) and the Telephone Consumer Protection Act of 1991, 47 U.S.C. §§ 227 et seq. (“TCPA”). Although the judge allowed the lead plaintiff to pursue
FTC Shows Texas-based Debt Collector ‘the Horns’ by Filing Suit Alleging Illegal Collection Tactics
On January 20, 2015, the Department of Justice, on the Federal Trade Commission’s behalf, filed a complaint against Commercial Recovery Systems, Inc. (CRS), a Texas-based debt collector, including its current and former principals, for allegedly using illegal tactics, such as threatening consumers with false claims of lawsuits and potential garnishments, in the United States District
FCC Creates Portal for TCPA Complaints and Beyond
On January 5, the Federal Communications Commission announced that it was creating a new complaint portal. As shown on the FCC form for complaints, which can be found here (Word format) and here (.pdf), this portal is very much designed to capture complaints arising from the Telephone Consumer Protection Act (TCPA) and, specifically, automatic telephone
Colorado Attorney General’s Office Continues to Focus on In-State Consumer Protection
The Colorado Attorney General’s Office, in a recent press release, warned its in-state consumers of a “debt-collection” scam whereby imposters pose as law enforcement officials or government agencies. This warning was triggered by a sharp increase in the number of reports to the AG’s Office of threatening telephone calls and emails as part of
FTC Creates Graphic Novel to Educate Spanish-Speaking Consumers on Debt Collection
As part of the Federal Trade Commission’s ongoing initiative to promote consumer education and protection in the Latino community through its fotonovelas series, it recently announced the creation of a new Spanish-language graphic novel. As the third and most recent installment of the FTC’s fotonovelas series, the graphic novel titled “Cobradodres de Dueda”,