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FTC Sends Refund Checks to Consumers Who Bought Walgreens’ ‘Wal-Born’ Dietary Supplements

An administrator working for the Federal Trade Commission is mailing 7,979 checks averaging $27.42 each to consumers who bought dietary supplements sold by national pharmacy chain Walgreens under its store-brand “Wal-Born” label.

In 2010, Walgreens settled FTC charges that it deceptively advertised that the supplements could effectively prevent colds, fight germs, and boost the immune system.

The company touted the similarity of Wal-Born supplements to those sold by Airborne Health, Inc., which settled similar deceptive advertising charges by the FTC in 2008.

The checks, which total $218,750.00, must be cashed within 60 days after they are issued. The amount consumers receive depends upon the amount of claims they submitted that were approved The redress is capped at $30 per consumer.

The deadline for filing a refund request has expired. Consumers who have questions should call 1-800-598-3025 or visit www.FTC.gov/refunds. The FTC never requires consumers to pay money or provide information before redress checks can be cashed.

Consumers should carefully evaluate advertising claims for dietary supplements. For more information see: Dietary Supplements.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

FTC Puts Conditions on Nielsen’s Proposed $1.26 billion Acquisition of Arbitron

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Media research company Nielsen Holdings N.V. has agreed to settle Federal Trade Commission charges that its proposed acquisition of Arbitron Inc. may substantially lessen competition. Nielsen will divest and license assets and intellectual property needed to develop national syndicated cross-platform audience measurement services.

Nielsen and Arbitron are developing national syndicated cross-platform audience measurement services, which allow audiences to be measured accurately across multiple platforms, such as TV and online. According to the FTC’s complaint, the elimination of future competition between Nielsen and Arbitron would likely cause advertisers, ad agencies, and programmers to pay more for national syndicated cross-platform audience measurement services.

“Effective merger enforcement requires that we look carefully at likely competitive effects that may be just around the corner,” said FTC Chairwoman Edith Ramirez. “In this matter, the evidence provided us with a strong reason to believe that absent a remedy, the deal was likely to harm emerging competition in the area of cross-platform audience measurement.”

The proposed order settling the FTC’s complaint is designed to address the competitive concerns raised by Nielsen’s acquisition of Arbitron. It requires Nielsen to sell and license, for at least eight years, certain assets related to Arbitron’s cross-platform audience measurement services to an FTC-approved buyer, within three months. Under the order, the acquirer will get everything it needs to replicate Arbitron’s participation in a national syndicated cross-platform audience measurement service. The order also contains terms designed to ensure the success of the acquirer as a viable competitor, such as requiring that Nielsen provide technical assistance and remove barriers that might otherwise keep the acquirer from hiring key Arbitron employees.

Without the assets Nielsen is required to provide under the order, according to the FTC, it is unlikely another company would be able to successfully develop a service to compete with Nielsen’s future national syndicated cross-platform audience measurement service.

Nielsen, headquartered in New York, New York, and Diemen, the Netherlands, is a leading provider of global media measurement and research services. In the United States, it provides television, online, mobile, and cross-platform audience measuring services to media companies, advertisers, and advertising agencies. As the dominant provider of television audience measurement services in the United States, Nielsen had global sales of $5.6 billion in 2012.

Arbitron, headquartered in Columbia, Maryland, is a leading media measurement and research firm. Its leading product is its radio ratings service, which estimate the size of listening audiences by demographic category, and is used by radio broadcasters and advertisers to determine the value of radio advertising. In 2012, it had revenue of $449 million. Under a merger plan dated December 17, 2012, Nielsen proposes to acquire Arbitron for approximately $1.26 billion.

The Commission vote to accept the consent agreement containing the proposed consent order for public comment was 2-1, with the Commission issuing a statement and Commissioner Joshua D. Wright issuing a separate dissenting statement. Commissioner Maureen Ohlhausen was recused from participating in this matter.

The FTC will publish a description of the consent agreement package in the Federal Register shortly. The agreement will be subject to public comment for 30 days, beginning today and continuing through October 21, 2013, after which the Commission will decide whether to make the proposed consent order final. Interested parties can submit written comments electronically or in paper form by following the instructions in the “Invitation To Comment” part of the “Supplementary Information” section.

Comments in paper form should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-113, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC is requesting that any comment filed in paper form near the end of the public comment period be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments also can be filed electronically.

NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000.

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to antitrust{at}ftc{dot}gov, or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 601 New Jersey Ave., N.W., Room 7117, Washington, DC 20001. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

FTC Seeks Public Comment on Pinnacle Entertainment, Inc.’s Application to Divest One of Its Casinos in St. Louis, Missouri, to Tropicana St. Louis LLC

The Federal Trade Commission is seeking public comment on an application by Pinnacle Entertainment, Inc. for approval to divest its Lumiere Place Casino, two hotels, and all associated assets in St. Louis, Missouri, to Tropicana St. Louis LLC, a wholly owned subsidiary of Tropicana Entertainment, Inc. In a proposed order, the FTC requires Pinnacle to divest these assets to a Commission-approved buyer to resolve charges that Pinnacle’s acquisition of Ameristar Casinos, Inc. would reduce competition among casinos in St. Louis, in violation of the antitrust laws. The order also requires Pinnacle to divest casino assets in Lake Charles, Louisiana, and Pinnacle previously submitted an application to divest those assets to GNLC Holdings.

According to the FTC’s complaint, Pinnacle’s acquisition of Ameristar would result in increased prices and lower quality for casino customers in the St. Louis and Lake Charles areas. Pinnacle and Ameristar are direct competitors in St. Louis, where both own casinos, and in the Lake Charles area, where they would compete beginning in 2014 after the opening of Ameristar’s new casino. In its current application, Pinnacle requests FTC approval to sell all assets associated with its Lumiere Place Casino in St. Louis to Tropicana.

The Commission will decide whether to approve the proposed divestiture after expiration of the public comment period. Public comments may be submitted until October 24, 2013. Written comments should be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. Comments also can be submitted electronically. Copies of the application also can be found on the FTC’s website and as a link to this press release. (FTC File No. 131-0064, Docket No. 9355; the staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see related press release dated August 12, 2013)

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to [email protected], or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 601 New Jersey Ave., N.W., Room 7117, Washington, DC 20001. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

FTC Sends Refunds to Victims of Robocallers Who Pitched Lower Credit Card Interest Rates, But Failed to Deliver

The Federal Trade Commission is mailing refund checks to consumers in America and Canada who were victimized by a fraudulent telemarketing operation that used pre-recorded calls, or robocalls, to pitch phony credit card interest rate reduction programs.

The refunds stem from a 2010 settlement with the operators of a robocall telemarketing scheme known as JPM Accelerated Services (JPM). The FTC’s complaint against JPM alleged that the company’s telemarketers charged an up-front fee typically ranging from $495 to $995, and promised consumers they would save thousands of dollars in a short period of time as a result of the lower interest rates, and that they would be able to pay off their debts faster. The defendants also falsely stated that if consumers did not save thousands of dollars from lowered interest rates, they would receive a full refund of the up-front fee.

After collecting the fee from consumers, however, JPM allegedly failed to deliver the promised interest rate reductions and savings, and routinely refused to honor its money-back guarantee. The FTC complaint also charged the defendants with violating the FTC’s Telemarketing Sales Rule by calling consumers on the Do Not Call Registry, blocking or “spoofing” caller ID, and making unlawful robocalls.

Consumer victims of JPM whom the FTC was able to identify will receive checks returning part of the money they lost. The checks will be mailed by BMC Group, a refund administrator working for the FTC. Consumers should cash the checks upon receipt. The redress checks are valid for 60 days from the date they are issued, after which they become void. The FTC never requires the payment of money up front, or the provision of additional information, before consumers cash redress checks issued to them. Consumers with questions should call the redress hotline at 1-855-529-6827 and can receive more information on the FTC’s website at www.FTC.gov/refunds.

FTC to Host Roundtable on Consumer Protection and the New Healthcare Marketplaces

On Thursday, September 19, the Federal Trade Commission will host a roundtable in Washington, DC, to discuss how to empower and protect consumers from scammers with the advent of healthcare marketplaces opening this fall under the Affordable Care Act (ACA).

An agenda for the workshop is available online.

WHO:	Free and open to the public.
WHEN:	Thursday, September 19, 2013 9 a.m. to 12:15 p.m. Registration starts at 8 a.m
WHERE:	FTC Satellite Building Conference Center 601 New Jersey Avenue, NW – Room C Washington, DC
WEBCAST:	The event will be webcast live.
MEDIA CONTACT:	Office of Public Affairs 202-326-2180

Text Spammers Settle FTC Charges They Illegally Sent Consumers Bogus Offers for “Free” Gift Cards

An affiliate marketing company and its two principals have agreed to settle Federal Trade Commission charges for allegedly sending out more than 42.5 million unwanted and deceptive text messages to consumers. The case is part of the FTC’s continuing crackdown on spam text messages and the settlement prohibits the defendants from sending unwanted texts to consumers, and from misleading consumers about whether they have won gifts or prizes and whether a product is “free” or without cost or obligation.

“FTC action in cases like this one have dramatically reduced the amount of illegal text message spam, especially as it relates to bogus gift card offers” said FTC Midwest Region Director C. Steven Baker. “Not only are spam texts annoying and illegal, but they can also cost consumers money.”

According to the FTC’s complaint, Rentbro, Inc., and its principals, Daniel Pessin and Jacob Engel, residents of Ft. Lauderdale, sent deceptive text messages to millions of consumers telling them they had been selected to receive $1,000 gift cards to major retailers such as Best Buy, Target, and Walmart. A typical message stated, “Your entry in our drawing WON you a FREE $1,000 Target Giftcard! Enter “312” at www.target.com.tgrz.biz to claim it and we can ship it to you immediately!”

The hyperlink included in the text message brought consumers to a website the defendants created to reinforce the deceptive gift card message and then to a variety of third-party websites where consumers were asked to submit personal information under the guise of claiming their gift cards. After collecting consumers’ personal information, consumers were told they had to sign up for more than a dozen risky trial offers, none of which was free, to qualify for the promised “free” gift card.

In addition to prohibiting the unlawful conduct, the stipulated order against the defendants requires them to turn over all of their remaining assets and imposes a partially suspended monetary judgment of $377,321, which is all of the money received in connection with the scam.

This case is the second settlement stemming from an FTC enforcement sweep initiated earlier this year against 29 defendants responsible for sending more than 180 million spam text messages.

The Commission’s vote authorizing staff to file the stipulated final order was 4-0. The FTC filed the stipulated final order for permanent injunction in the U.S. District Court for the Northern District of Illinois, Eastern Division. The District Court judge signed and approved the order on Sept. 13, 2013.

NOTE: Stipulated orders have the force of law when signed and approved by the District Court judge.

If You’re Helping Colorado Flood Victims, Make Sure Your Donations Count

In the wake of the flooding in Colorado, the Federal Trade Commission, the nation’s consumer protection agency, urges people to be wary of charity scams.

If you’re looking for a way to give, do some research to ensure that your donation will go to a reputable organization. Urgent appeals that you get in person, by phone or mail, by e-mail, on websites, or on social networking sites may not be on the up-and-up. Unfortunately, legitimate charities face competition from fraudsters who either solicit for bogus charities or aren’t entirely honest about how a so-called charity will use your contribution.

If you’re asked to make a charitable donation to support victims of the flooding in Colorado, consider these tips:

Donate to charities you know and trust. Be alert for charities that seem to have sprung up overnight in connection with current events.
Ask if a caller is a paid fundraiser, who they work for, and what percentage of your donation goes to the charity and to the fundraiser. If you don’t get a clear answer – or if you don’t like the answer – consider donating to a different organization.
Don’t give out personal or financial information – including your credit card or bank account number – a unless you know the charity is reputable.
Never send cash: you can’t be sure the organization will receive your donation, and you won’t have a record for tax purposes.
Check out the charity with the Better Business Bureau’s (BBB) Wise Giving Alliance (bbb.org/us/charity), Charity Navigator (charitynavigator.org), Charity Watch (charitywatch.org), or GuideStar (guidestar.org).
Find out if the charity or fundraiser must be registered in your state by contacting the National Association of State Charity Officials (nasconet.org).

FTC Native Advertising Workshop on December 4, 2013 Will Explore the Blurring of Digital Ads With Digital Content

The Federal Trade Commission will host a workshop on December 4, 2013 in Washington, DC to examine the practice of blending advertisements with news, entertainment, and other content in digital media, referred to as “native advertising” or “sponsored content.”

Increasingly, advertisements that more closely resemble the content in which they are embedded are replacing banner advertisements – graphical images that typically are rectangular in shape – on publishers’ websites and mobile applications. The workshop will bring together publishing and advertising industry representatives, consumer advocates, academics, and government regulators to explore changes in how paid messages are presented to consumers and consumers’ recognition and understanding of these messages.

The workshop builds on previous Commission initiatives to help ensure that consumers can identify advertisements as advertising wherever they appear. This includes recent updates to the Search Engine Advertising guidance, the Dot Com Disclosures guidance, and the Endorsements and Testimonials Guides, as well as decades of law enforcement actions against infomercial producers and operators of fake news websites marketing products.

The FTC invites the public to submit original research, recommendations for topics of discussion, and requests to participate as panelists. The Commission also invites the submission of examples and mock-ups that can be used for illustration and discussion at the workshop. Topics the workshop may cover include:

What is the origin and purpose of the wall between regular content and advertising, and what challenges do publishers face in maintaining that wall in digital media, including in the mobile environment?
In what ways are paid messages integrated into, or presented as, regular content and in what contexts does this integration occur? How does it differ when paid messages are displayed within mobile apps and on smart phones and other mobile devices?

What business models support and facilitate the monetization and display of native or integrated advertisements? What entities control how these advertisements are presented to consumers?

How can ads effectively be differentiated from regular content, such as through the use of labels and visual cues? How can methods used to differentiate content as advertising be retained when paid messages are aggregated (for example, in search results) or re-transmitted through social media?

What does research show about how consumers notice and understand paid messages that are integrated into, or presented as, news, entertainment, or regular content? What does research show about whether the ways that consumers seek out, receive, and view content online influences their capacity to notice and understand these messages as paid content?

Electronic submissions can be made online. Paper submissions should reference Native Advertising Workshop both in the text and on the envelope, and should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-113 (Annex X), 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC requests that any paper submissions be sent by courier or overnight service, if possible, because postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Requests to participate should include a statement detailing any relevant expertise in digital advertising and should be submitted by October 29, 2013 via email to [email protected]. Panelists selected to participate will be notified by November 6, 2013.

The workshop is free and open to the public. It will be held at the FTC’s satellite building conference center, located at 601 New Jersey Avenue, N.W., Washington, D.C. The Commission will publish a more detailed agenda at a later date.

Reasonable accommodations for people with disabilities are available upon request. Requests should be submitted to Samantha Konstandt via email at [email protected] or by calling 202-326-3348. Requests should be made in advance, and include a detailed description of the accommodations needed and contact information.

FTC Cracks Down On Bogus Medical Discount Scam Targeting Seniors

The Federal Trade Commission has moved to shut down a medical discount scheme that scammed seniors across the country by offering phony discounts on prescription drugs and pretending to be affiliated with Medicare, Social Security, or medical insurance providers.

In a complaint filed against the operators of the scam in the United States and Canada, the FTC alleges that seniors in the U.S. were targeted by the deceptive calls. The callers convinced their victims to turn over their bank account numbers and used that information to debit money from victims’ accounts.

“This scam, which targeted and deceived our nation’s seniors, is as cynical and wanton as they come,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “We look forward to bringing this operation to a halt and working to get relief for the victims.”

According to the FTC’s complaint, the telemarketing calls pitched a prescription drug discount card that, victims were told, would provide substantially discounted or even free prescription drugs. Many victims were led to believe they had to purchase the card to continue receiving their Medicare, Social Security, or medical insurance benefits.

In fact, the prescription drug discount cards the defendants provided to consumers are available for free by calling a toll-free number or visiting a website. The cards generally do not provide any discounts to consumers who already have insurance either through a government program or a private insurer.

The scam was run from both sides of the border. The defendants contacted consumers from a telemarketing boiler room in Montreal. The U.S. defendants then used the bank account information consumers provided in the calls to take approximately $300 from consumers’ bank accounts using a “demand draft.” Not all consumers who paid for the purported discount card even received it – some victims received nothing at all for their money.

The defendants are charged with violating Section 5 of the FTC Act by deceptively presenting themselves as government or insurance representatives, as well as by telling consumers that the discount plans they were selling could provide substantial discounts on prescription drugs. In addition, the defendants are charged with violating the FTC’s Telemarketing Sales Rule for their deceptive acts and for calling consumers whose numbers were on the National Do Not Call Registry. A federal judge in the U.S. District Court for the Northern District of Illinois issued a temporary restraining order halting the defendants’ deceptive scheme and freezing their assets.

The U.S.-based defendants in the case include AFD Advisors, LLC, of Wisconsin, which also does business as AFD Medical Advisors; AMG Associates, LLC, of Delaware, which also does business as AMG Medical and AMG Medical Associates; Aaron F. Dupont, individually and as an officer of AFD Advisors and AMG Associates; CAL Consulting, LLC, of Georgia, which also does business as Clinacall; Charles A. Lamborn, III, individually and as an officer of CAL Consulting; and Park 295 Corp, of New York.

The Canadian-based defendants are 9262-2182 Quebec Inc; Stephanie Scebba, individually and as an officer of 9262-2182 Quebec Inc.; 9210-7838 Quebec Inc; and Fawaz Sebal, also known as Frank Sebag, individually and as an officer of 9210-7838 Quebec Inc.

The FTC would like to thank the Canadian Anti-Fraud Centre; Wisconsin Department of Agriculture, Trade and Consumer Protection; Oregon Department of Justice; and Better Business Bureau of Wisconsin for their valuable assistance with this matter.

The FTC also would like to acknowledge the Royal Canadian Mounted Police and the Centre of Operations Linked to Telemarketing Fraud (Project COLT) for their valuable assistance. Launched in 1998, Project COLT combats telemarketing-related crime and includes members of the Royal Canadian Mounted Police, Sureté du Québec, Service de Police de la Ville de Montréal, Canada Border Services Agency, Competition Bureau of Canada, Canada Post, U.S. Department of Homeland Security (U.S. Immigration and Customs Enforcement and the U.S. Secret Service), the U.S. Postal Inspection Service, the Federal Trade Commission, and the Federal Bureau of Investigation. Since its inception, Project COLT has recovered $22 million for victims of telemarketing fraud.

The Commission vote authorizing the staff to file the complaint was 4-0. The complaint was filed in the U.S. District Court for the Northern District of Illinois.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The case will be decided by the court.

FTC Seeks Public Comment on kidSAFE’s Proposed Safe Harbor Program Under the Children’s Online Privacy Protection Rule

The Federal Trade Commission is seeking public comment on a proposed safe harbor program that the kidSAFE Seal Program has submitted for Commission approval under the agency’s Children’s Online Privacy Protection Rule.

The Rule includes a “safe harbor” provision designed to encourage increased industry self-regulation in this area. Under this provision, industry groups and others may ask the Commission to approve self-regulatory guidelines that implement the protections of the Rule. Companies that comply with the FTC-approved guidelines receive safe harbor from agency enforcement action under the Rule.

The FTC’s COPPA Rule requires that operators of commercial websites and online services directed to children under the age of 13, or general audience websites and online services that knowingly collect personal information from children under 13, must post comprehensive privacy policies on their sites, notify parents about their information practices, and obtain parental consent before collecting, using, or disclosing any personal information from children under the age of 13. Since the Rule took effect on April 21, 2000, five groups – Aristotle, Inc., the Children’s Advertising Review Unit of the Council of Better Business Bureaus, the Entertainment Software Rating Board, TrustE, and PRIVO – have received Commission approval for their safe harbor programs.

In a Federal Register notice to be published shortly, the FTC is seeking public comment about the proposed kidSAFE program; whether the proposed program provides “the same or greater protections for children” as those contained in the Children’s Online Privacy Protection Rule; whether the mechanisms used to assess operators’ compliance are effective; whether incentives for operators’ compliance with the guidelines are effective; and whether the program provides adequate means for resolving consumer complaints. The comment period will last for 30 days, until Oct. 18, 2013.

NOTE: Publication of this Federal Register notice does not indicate Commission approval of the safe harbor application. The Commission has 180 days to review proposed self-regulatory guidelines and must set forth its conclusions in writing.

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