Markets Wired - Page 1182 of 1414 - Global Financial Market News and Press Releases

FTC Announces Agenda for December 15 Forum to Explore Food Marketing to Children

The Federal Trade Commission announced the agenda and speakers for its December 15, 2009 public forum titled “Sizing Up Food Marketing and Childhood Obesity.”

The forum participants will present new research on the impact of various food advertising techniques on children and discuss the statutory and constitutional issues surrounding governmental regulation of food marketing. Panelists also will address the food and entertainment industries’ self-regulatory efforts and implementation of the recommendations in the FTC’s 2008 report, “Marketing Food to Children and Adolescents: A Review of Industry Expenditures, Activities, and Self-Regulation.” http://www.ftc.gov/os/2008/07/P064504foodmktingreport.pdf In addition, the Interagency Working Group on Food Marketed to Children – comprised of representatives from the FTC, Food and Drug Administration, Centers for Disease Control and Prevention, and U.S. Department of Agriculture – will report on the status of recommended nutritional standards for foods marketed to children, followed by a Town Hall discussion.

An agenda for the forum is available here http://ftc.gov/bcp/workshops/sizingup/Agenda.pdf. Updated information will be posted as it becomes available.

Pre-registration:

The forum is free and open to the public. It takes place at the FTC’s Satellite Building Conference Center, 601 New Jersey Avenue, N.W. Washington, DC. Pre-registration is not necessary, but is encouraged so the FTC may better plan this event. Please note that pre-registration will not guarantee a seat at the event; seating will be available on a first-come, first-served basis. Those pre-registering should send their name, affiliation, and e-mail address to [email protected]. The FTC will use pre-registration information to estimate the likely audience for the forum, and may use the e-mail address to contact registrants with information about the forum.

Note: When you pre-register, the FTC collects your name, affiliation, and e-mail address. We will use this information for administrative purposes related to the forum only and will dispose of it after the forum ends. Under the Freedom of Information Act (FOIA) or other laws, we may be required to disclose the information you provide to outside organizations. For additional information, including routine uses permitted by the Privacy Act, see the FTC Privacy Policy. The FTC Act and other laws the FTC enforces allow this information to be collected for the purposes described above.

Reasonable accommodations for people with disabilities are available upon request. Requests should be submitted via e-mail to [email protected] or by calling Carrie McGlothlin at 202-326-3388. Requests should be made in advance. Please include a detailed description of the accommodation needed, and provide contact information.

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 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

FTC Extends Public Comment Period in Free Credit Report Rule Proceeding To December 7, 2009

For Release

November 20, 2009

The Commission today announced an extension of the public comment period for the recently issued proposal to amend the “Free Credit Report Rule” (formally the Free Annual File Disclosures Rule). The Commission posted the proposed rule on the FTC’s Web site on October 7, 2009, and stated that public comments were due no later than November 30, 2009. In response to a recent request that the comment period be extended, the Commission has determined to extend the comment period until December 7, 2009. The Federal Register notice, which is available now on the FTC’s Web site as a link to this press release, provides information on how, and in what form, comments should be submitted.

The Commission vote approving the issuance of Federal Register notice announcing the extension of the public comment period was 4-0.

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

(FTC File No. R411005)

Contact Information

MEDIA CONTACT:

Office of Public Affairs
202-326-2180

FTC Settlements Bar Deceptive Online Marketing of “Free” Internet Auction Kits

An online marketer of purportedly “free” Internet auction kits, which automatically charged unwitting consumers $59.95 a month for enrollment in an “online supplier” program for Internet auctions, has agreed to settle Federal Trade Commission charges that its actions violated federal law. The separate proposed court settlements with the company and two of its former executives bar them from similar deceptive conduct in the future, and require them to make specific disclosures to ensure consumers are aware of any recurring-fee plans (also known as “continuity plans” or “negative option plans”) for which they are signing up or being charged. The proposed court settlements also require the settling defendants to pay a total of what could be more than $1 million.

According to the FTC’s complaint, Commerce Planet operated a Web site offering consumers a free “online auction kit” that included information about how to start a business selling products on online auction sites such as eBay. Commerce Planet claimed the kit would provide consumers with “an easily managed online business that has the potential to supplement, or even replace” their current source of income. Although Commerce Planet allegedly told consumers they would be charged as little as $1.95 shipping and handling for this “free” trial offer, consumers had to provide their credit card information, and many were unwittingly signed up for the company’s $59.95 per month “Online Supplier” program. The FTC contends that over an 18-month period Commerce Planet did not clearly and conspicuously disclose that, by registering for the “free offer,” consumers also were agreeing to be enrolled in the “Online Supplier” program and would be charged a “membership fee” of up to $59.95 per month unless they canceled within a few days of ordering.

The terms and conditions of the program, including information about the recurring $59.99 fee, were difficult to find on Commerce Planet’s Web site. They appeared on a separate page from the trial offer that could only be accessed by a link, or on the payment page, but below the bottom of the visible screen. Most consumers did not even realize they had been enrolled in “Online Suppler” until their credit cards were repeatedly charged, after which many requested refunds. Most consumers had difficulty getting a refund, frequently calling the company multiple times, and sometimes had to contact an attorney or ask their credit card companies to reverse the charges.

The FTC’s complaint charged Commerce Planet with violating federal law by: 1) failing to disclose that consumers who ordered their online auction kit would be signed up for a continuity
program; and 2) unfairly charging consumers for the “Online Supplier” program without getting their express informed consent to do so.

The proposed court orders settle charges against Commerce Planet, former Commerce Planet CEO Michael Hill, and Aaron Gravitz, the former president of Legacy Media LLC, a wholly owned subsidiary of Commerce Planet. The orders prohibit the settling defendants from misrepresenting any material facts associated with the sale of a product or service, including specific representations that are common in negative-option offers. The FTC’s case against the fourth defendant, former Commerce Planet president Charles Gugliuzza, will proceed in federal court.

The settling defendants must make specific disclosures before requesting payment for any product or service and before making any offer with a continuity plan feature. They must first get consumers’ express informed consent before charging them for any goods or services, and must document the consumers’ consent in all transactions involving a continuity plan feature. Finally, the proposed orders require the defendants to provide information about their refund policies, honor their refund policies, monitor their sales agents, and track their agents’ billing information.

The orders include judgments of $19.7 million against each settling defendant, which have been suspended due to their inability to pay. Under the orders, however, Commerce Planet will pay $100,000, Gravitz will pay $192,000, and Hill will pay $230,000, plus future proceeds from loans that may bring his total payments to over $900,000.

The Commission vote authorizing the staff to file the complaint and proposed stipulated final orders against Commerce Planet, Hill, and Gravitz, as well as the complaint against Gugliuzza, was 4-0. The complaint was filed in the U.S. District Court for the Central District of California on November 10, 2009, and the stipulated orders were lodged with the court on November 16, 2009. The orders have not yet been signed by the court.

NOTE: The Commission authorizes the filing of a complaint when it has “reason to believe” that the law has or is being violated, and it appears to the Commission that a proceeding is in the public interest. A complaint is not a finding or ruling that the defendants have actually violated the law. Stipulated final orders are for settlement purposes only and do not constitute an admission by the defendants of a law violation. Consent orders have the force of law when signed by the judge.

Copies of documents related to this case are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. 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 at http://www.ftccomplaintassistant.gov 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 1,500 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

(FTC File No. 072-3129; Civ. No. SACV-09-01324 CJC (RNBx))
(Commerce Planet.wpd)

FTC Charges Online Check Writing Marketers with Contempt

The Federal Trade Commission has filed a civil contempt action charging an Internet-based check creation and delivery service and its operators with violating a 2009 court order. The FTC is asking the court to impose a daily fine or imprisonment if the allegedly unlawful conduct is not stopped, and to make the defendants compensate affected consumers and give up their ill-gotten gains.

According to papers the FTC filed with the court, the contempt defendants violated the court order by enabling consumers to create and e-mail checks via the Internet without any verification of users’ identities or their authority to draw funds on the financial accounts they use, leaving unsuspecting consumers’ financial accounts vulnerable to fraud. They also failed to provide contact information for their Web site, FreeQuickWire.com, and failed to investigate and respond to complaints of unauthorized use of financial account information.

In the case that led to the 2009 order, three of the contempt defendants, Thomas Villwock, James M. Danforth, and G7 Productivity Systems, Inc., operated a similar Web site, Qchex.com, that created and delivered checks without verifying that users had authority to access the accounts referenced on the checks. As a result, fraudsters worldwide drew checks on the accounts of unwitting third parties and used the checks mainly for wire transfer schemes. [see Consumer Alert, “Money Transfers Can Be Risky Business,” – http://ftc.gov/bcp/edu/pubs/consumer/alerts/alt034.shtm] The court found the defendants’ operation an unfair practice under the FTC Act and ordered them to pay $535,358, which represented all of their profits from the illegal operation. The court also ordered the defendants to implement specific fraud-prevention safeguards for any check creation and delivery service they offer.

In the current contempt action, the FTC alleges that the contempt defendants are continuing to “ring the dinner bell for fraudsters,” as the court stated in 2009, by failing to perform any of the authentication procedures required by the 2009 court order. The other contempt defendants are iProlog Corporation and FreeQuick Wire Corporation, which Villwock and Danforth control. The court has ordered the contempt defendants to appear in court on February 16, 2010, to explain why the court should not hold them in contempt for violating the 2009 order. The contempt action was filed in the U.S. District Court for the Southern District of California.

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 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

(FTC File No. X060057)
(Neovi)

Federal Regulators Issue Final Model Privacy Notice Form

Eight federal regulatory agencies today released a final model privacy notice form that will make it easier for consumers to understand how financial institutions collect and share information about consumers. Under the Gramm-Leach-Bliley Act (GLB Act), institutions must notify consumers of their information-sharing practices and inform consumers of their right to opt out of certain sharing practices. The model form issued today can be used by financial institutions to comply with these requirements.

The Financial Services Regulatory Relief Act of 2006 amended the GLB Act to require the agencies to propose a succinct and comprehensible model form that allows consumers to easily compare the privacy practices of different financial institutions, and has an easy-to-read font.

The agencies conducted extensive consumer research and testing in developing the model form issued today. Then they solicited public comments and considered those comments in developing a model form that is easier for consumers to understand and use. The final rule provides that a financial institution that chooses to use the model form obtains a “safe harbor” and will satisfy the disclosure requirements for notices. The rule also removes, after a transition period, the sample clauses now included in the appendices of the agencies’ privacy rules.

The final model privacy form was developed jointly by the Board of Governors of the Federal Reserve System, Commodity Futures Trading Commission, Federal Deposit Insurance Corporation, Federal Trade Commission, National Credit Union Administration, Office of the Comptroller of the Currency, Office of Thrift Supervision, and Securities and Exchange Commission.

A copy of the form and rule are attached.

FTC Issues Performance and Accountability Report (PAR) for Fiscal Year 2009

The Commission has issued its Performance and Accountability Report (PAR) for fiscal year (FY) 2009. The PAR includes the FTC’s Performance Report and its financial statements and audit opinion. It also compares and evaluates actual performance against established measures and targets described in the FTC’s 2006 to 2011 Strategic Plan and the annual Performance Plan required under the Government Performance and Results Act (GPRA). The FY 2009 independent financial audit resulted in the FTC’s thirteenth consecutive unqualified opinion, the highest audit opinion available.

The PAR begins with a “Message from the Chairman” and is presented in four parts: Part I contains management’s discussion and analysis of the agency’s performance and financial activities; Part II contains the Performance Report; Part III contains the agency’s financial statements and independent audit results; and Part IV contains other accompanying information. The PAR can be viewed at www.ftc.gov/par. The Commission vote to issue the Performance and Mission Challenges sections of the FY 2009 PAR was 4-0. (FTC File No. P080100; the staff contact is James Baker 202-326-3168.)

(FYI 52.2009.wpd)

FTC Releases Agenda for First Privacy Roundtable and Announces Date of Second Roundtable

The Federal Trade Commission today released the agenda for its first privacy roundtable, scheduled for December 7, 2009, at the FTC Conference Center in Washington, DC. The Roundtable is the first of three public events designed to explore the privacy challenges posed by technology and business practices that collect and use consumer data. The agenda, available at http://www.ftc.gov/bcp/workshops/privacyroundtables/index.shtml, launches the public dialogue by focusing on the risks and benefits of information-sharing practices, consumer expectations regarding such practices, behavioral advertising, information brokers, and the adequacy of existing legal and self-regulatory frameworks.

The Commission also announced that it will convene its second privacy roundtable on January 28, 2010. The event, hosted by the Berkeley Center for Law and Technology, will take place at the University of California, Berkeley, School of Law Booth Auditorium. The second roundtable will focus on how technology affects consumer privacy, including its role in both raising privacy concerns and enhancing privacy protections. The roundtable will include specific discussions on cloud computing, mobile computing, and social networking. Details regarding the third and final roundtable, which will take place on March 17, 2010, in Washington, DC, will be announced at a later date.

The Privacy Roundtables are free and open to the public. Pre-registration is not required. Members of the public and press who wish to participate but who cannot attend can view a live Webcast.

Individuals and organizations may submit requests to participate as panelists in the second roundtable and may recommend topics for inclusion on the agenda. The requests and recommendations should be submitted electronically to [email protected]. Prospective panelists for the second roundtable should submit a statement detailing their expertise on the issues to be addressed and contact information, no later than December 9, 2009. Panelists will be selected based on expertise and the need to include a broad range of views. Please note that if you already have submitted a request to participate in the first roundtable event, you need not submit another request. All requests already submitted will be considered for all roundtable events.

The Commission also invites interested parties to submit written comments or original research. A list of specific questions to inform the second roundtable discussions is available at the Commission’s website at www.ftc.gov/bcp/workshops/privacyroundtables. Although the comment period will remain open until March 17, 2010, only those comments submitted by December 21, 2009, will be considered prior to the second roundtable.

Comments should refer to “Privacy Roundtables – Comment, Project No. P095416.” To file electronically, follow the instructions and fill out the form at https://public.commentworks.com/ftc/privacyroundtable2 Paper comments should include the above reference both in the text and on the envelope, and should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-135 (Annex P2), 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Comments containing confidential material, however, must be filed in paper form, must be clearly labeled “Confidential,” and must comply with Commission Rule 4.9(c). The FTC requests that any paper comments 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.

Both roundtable venues are accessible to people with disabilities. For the second roundtable, interested parties may obtain additional information about campus access at http://dsp.berkeley.edu/access.html. Reasonable accommodations for people with disabilities are available upon request. Requests should be submitted via e-mail to [email protected] or by calling Carrie McGlothlin at 202-326-3388. Requests should be made in advance. Please include a detailed description of the accommodation needed, and provide contact information.

FTC Warns Internet Peddlers that Marketing Unproven H1N1 Flu Products May Be Illegal

The Federal Trade Commission last week sent 10 warning letters to Web site operators who made questionable claims that their products can prevent, treat, or cure the H1N1 flu, commonly known as swine flu. In an ongoing effort that began during the spring, the FTC told the companies – whose products include dietary supplements, air filtration devices, homeopathic remedies, items containing silver, and cleaning agents – that unless they have scientific proof for their claims, they are violating federal law and must drop the claims or face further action.

The FTC conducted its swine flu surf as part of the International Consumer Protection Enforcement Network’s 11th Internet sweep, which took place from September 21 to 25, 2009. As part of this sweep, consumer protection agencies around the world targeted rapidly growing fraudulent and deceptive conduct on the Internet, with special emphasis on conduct exploiting financial crises or natural disasters such as the H1N1 pandemic. Besides sending warning letters to 10 operators, the FTC referred 14 other Web site operators – which it suspects are located outside the United States – to foreign law enforcement authorities.

“As consumers grow increasingly anxious about obtaining the H1N1vaccine for their children and other vulnerable family members, scam artists take advantage by selling them bogus remedies online,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection.

In collaboration with other enforcement agencies, including the U.S. Food and Drug Administration, the FTC will continue to work aggressively to identify, investigate, and take additional regulatory and law enforcement action against individuals or businesses that deceptively promote purported H1N1 products.

The FTC reminds consumers that the only products recommended for treatment of H1N1 flu are prescription antiviral drugs, including oseltamivir (brand name Tamiflu) and zanamivir (brand name Relenza).

The FTC’s Consumer Alert, Rx for Products That Claim to Prevent H1N1? A Healthy Dose of Skepticism, warns the public to be skeptical of claims that products like pills, air filtration devices, and cleaning agents can kill or eliminate the virus. The alert advises consumers to:

Know the facts: The H1N1 virus is thought to spread from person to person in the same way that seasonal flu spreads – mainly coughing or sneezing by people with the flu. Sometimes people may become infected by touching something with flu viruses on it and then touching their mouth, nose, or eyes.
Keep your hands clean: Public health authorities advise that basic personal hygiene is the best protection against infection. Wash your hands thoroughly. When soap and water are not available, health authorities suggest using alcohol-based disposable hand wipes or gel sanitizers. These products are available in most supermarkets and drugstores.
Check travel advisories for affected areas: To lower your risk of infection, the Centers for Disease Control and Prevention (CDC) suggests avoiding travel to affected regions.
Seek medical attention: If you think either you may have influenza symptoms, or you may have been in direct contact with someone who has the flu, consult a health care professional immediately.
Stay informed: For more information from the federal government about the H1N1 flu, check out flu.gov or visit the CDC at http://www.cdc.gov/h1n1flu/.

Consumers who wish to file a complaint against a company that they believe may be deceptively advertising H1N1 flu products are urged to call 1–877–FTC–HELP (1–877–382– 4357) or visit https://www.ftccomplaintassistant.gov/.

FTC Announces Agenda and Speakers for Upcoming Workshop: From Town Criers to Bloggers: How Will Journalism Survive the Internet Age?

The Federal Trade Commission today released an agenda for its December 1-2, 2009 workshop on the future of journalism in the Internet age. [http://www.ftc.gov/opp/workshops/news/agenda.pdf ]

Consumers are increasingly turning to the Internet for news and information. Advertisers are moving ads to online sites and scaling back on ad buys as a result of the recession, and news organizations are struggling with large debts that were acquired during better times. As a result, some are questioning how journalism will evolve in the future.

The workshop will consider a wide range of issues, including: the economics of journalism in print and online; the wide variety of new business and non-profit models for journalism online; factors relevant to the new economic realities for news organizations, such as behavioral and other targeted online advertising, online news aggregators, and bloggers; and the ways in which the costs of journalism could be reduced without reducing quality.

The diverse group of participants who will discuss these issues at the workshop include Rupert Murdoch, Chairman and CEO of News Corp., Arianna Huffington, Co-Founder and Editor-in-Chief of The Huffington Post, and Aneesh Chopra, Assistant to the President, Associate Director and Chief Technology Officer for the Office of Science and Technology of the Executive Office of the President of the United States. Other panelists include representatives from E.W. Scripps Co., The Wall Street Journal, The Washington Post, The Milwaukee Journal Sentinel, Yahoo!, Google, the National Newspaper Association, the National Association of Black Journalists, Hearst Television, National Public Radio, Corporation for Public Broadcasting, the Associated Press, ThomsonReuters, Propublica, Blogher.com, NorthwestCitizen.com, the Knight Foundation, the University of Chicago, the Association of National Advertisers, the Center for Digital Democracy, and the Media Access Project.

(News Future)

FTC Issues Compliance Guide For Its Petroleum Market Manipulation Regulations; FTC Approves Final Consent Order in Matter Concerning K+S Aktiengesellschaft and International Salt Company, LLC

FTC Issues Compliance Guide For Its Petroleum Market Manipulation Regulations

The Federal Trade Commission’s staff has prepared a guide to help businesses and individuals comply with the anti-fraud provisions of the Energy Independence and Security Act of 2007 (EISA) and the FTC’s Petroleum Market Manipulation Rule.

The EISA authorizes the FTC to issue regulations to prohibit manipulative or deceptive conduct in wholesale petroleum markets and makes it unlawful to report false or misleading information related to the wholesale price of crude oil, gasoline, or petroleum distillates to federal agencies in certain circumstances. The FTC’s Petroleum Market Manipulation Rule, which became effective November 4, 2009, prohibits fraudulent or deceptive conduct (including false or misleading statements of material fact) in connection with wholesale purchases or sales of crude oil, gasoline, or petroleum distillates. The Rule also bans intentional failures to state a material fact when the omission makes a statement misleading and distorts or is likely to distort market conditions for any product covered by the Rule.

The FTC’s Guide to Complying with Petroleum Market Manipulation Regulations answers commonly asked questions and examines various scenarios to help those trading in wholesale petroleum markets comply with the regulations. The Guide is available on the FTC’s Web site at http://www.ftc.gov/sites/default/files/documents/rules/prohibition-energy-market-manipulation-rule/091113mmrguide.pdf and as a link to this press release. (See press release dated August 26, 2008 at http://www.ftc.gov/opa/2009/08/mmr.shtm.)

FTC Approves Final Consent Order in Matter Concerning K+S Aktiengesellschaft and International Salt Company, LLC

Following a public comment period, the Commission has approved a final consent order in the matter concerning the acquisition of Morton International, Inc. by K+S Aktiengesellschaft, the parent company of International Salt Company LLC. The FTC’s complaint charged that, absent relief, the proposed acquisition would have been anticompetitive. The consent order settling the charges was announced on September 25, 2009.

The Commission vote approving the final order was 4-0. (FTC File No. 091-0086; the staff contact is Jill Frumin, Bureau of Competition, 202-326-2758; see press release dated September 25, 2009, at http://www.ftc.gov/opa/2009/09/mortonsalt.shtm.)

(FYI 50.2009.wpd)

Related posts:

Contact Information

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts: