FTC and DOJ issue antitrust guidance to HR pros

In late October, the FTC and Department of Justice (“DOJ”) issued guidance for human resources (“HR”) professionals regarding the applicability of antitrust law to hiring and compensation decisions.  According to the FTC, “HR professionals are often in the best position to ensure their companies’ hiring practices comply with the law and this guidance will help […]

Solar energy: the FTC’s next target

Every few months, the FTC hosts a workshop that raises issues of competition and consumer protection within a particular industry.  Generally, following these workshops, the FTC begins to pursue actions against companies focused on by the earlier workshop.  It is almost as if the FTC’s workshops serve as a warning that the FTC is about […]

Privacy Shield replaces Safe Harbor framework

In February, the European Union (“EU”) and the United States met in Brussels to explore a new EU-US privacy pact as it relates to the transfer of personal data.  Ultimately, the two sides came to an agreement over what they call the EU-US Privacy Shield.  The Privacy Shield replaces the old Safe Harbor framework that […]

Suspended judgment, “avalanche clauses,” and the FTC; Arizona federal judge lifts suspended judgment in HCG case

From time to time you will read that, when the FTC has settled a case, any potential monetary judgment is “partially suspended based on the defendants’ inability to pay.”  The FTC refers to allowing settling defendants to avoid paying a judgment in full as a suspended judgment.  However, if a settling defendant was less than […]

Consumer complaints “manipulated” Lifewatch says in preliminary injunction battle with FTC

Lifewatch, Inc. has alleged that the FTC “manipulated” consumer complaints in order to attribute alleged violations of the Telemarketing Sales Rule (“TSR”) to the New-York based medical alert systems company as part of its preliminary injunction battle with the FTC.  As part of that fight, Lifewatch has sought to strike some 17,000 consumer complaints from […]

Lead generation in education focus of FTC in 2016

In late October 2015, the FTC hosted a workshop on lead generation entitled “Follow the Lead,” which sought to explore the growing use of online lead generation in various industries, including education. According to the FTC: Lead generation  is the practice of identifying or cultivating consumer interest in a product or service, and distributing this […]

Workshop on “cross-device tracking” shows FTC is trying to keep up with emerging marketing technology

In mid-November 2015, the FTC hosted a workshop on “cross-device tracking.”  Cross-device tracking is the practice of associating a person’s online activities across multiple devices to create a single marketing profile. FTC Chairwoman Edith Ramirez provided opening remarks at the workshop before turning the program over to Justin Brookman, FTC Policy Director, Office of Technology, […]