FTC Workshop on April 18 Explores Hearing Health and Technology

The Federal Trade Commission will host a workshop tomorrow in Washington, DC, to explore competition, innovation, and consumer protection issues raised by hearing health services and technology.

The event is free and open to the public. It will be available via live webcast and live tweeted via Twitter using the hashtag #NowHearThisFTC. More details can be found on the event’s web page.

WHAT: Now Hear This: Competition, Innovation, and Consumer Protection Issues in Hearing Health Care
WHO: Panels with researchers, health care providers, industry representatives, consumer representatives, and staff from the Federal Trade Commission
WHEN: Tuesday, April 18, 2017, from 9:00 a.m. to 5:00 p.m., EDT
Registration begins at 8:00 a.m.
WHERE: Constitution Center Auditorium
400 7th St., SW
Washington, DC

 

FTC Approves Final Orders Resolving Allegations That Companies Misrepresented Participation in International Privacy Program

Following a public comment period, the Federal Trade Commission has approved final orders with three companies resolving allegations that they deceived consumers by misrepresenting their participation in the Asia-Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules (CBPR) system.

The APEC CBPR system facilitates privacy-respecting data transfers between APEC member economies through a voluntary, enforceable mechanism, which certifies companies as being compliant with APEC CBPR program requirements. Like the EU-U.S. and Swiss-U.S. Privacy Shield frameworks that also facilitate privacy-respecting data transfers between different countries, the APEC CBPR system is backstopped by FTC enforcement.

In separate complaints, the FTC charged that Sentinel Labs, Inc., which provides endpoint protection software to enterprise customers, SpyChatter, Inc., marketer of the SpyChatter private message app, and Vir2us, Inc., which distributes cyber security software, falsely represented in their online privacy policies that they participated in the APEC CBPR system. Sentinel Labs also falsely claimed that it was a participant in a TRUSTe privacy program, according to the FTC complaint.

Under the terms of the settlements with the FTC, the three companies are prohibited from misrepresenting their participation, membership or certification in any privacy or security program sponsored by a government or self-regulatory or standard-setting organization.

The Commission voted 2-0 to approve the final orders with Sentinel Labs, Inc., SpyChatter, Inc., and Vir2us, Inc. and a response letter to one commenter.

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs and subscribe to press releases for the latest FTC news and resources.

FTC Announces Final Agenda on Hearing Health and Technology Workshop

The Federal Trade Commission has announced a final agenda for the Now Hear This: Competition, Innovation, and Consumer Protection Issues in Hearing Health Care workshop. The event will explore competition, innovation, and consumer protection issues raised by hearing health services and technology. 

Acting Chairman Maureen K. Ohlhausen will open the one-day workshop, with speakers from government agencies, health care providers, academia, consumer and industry representatives, and many other stakeholders in the area.  Sessions include: Adult Hearing Loss: Recent Data from the CDC; Innovations in Hearing Technology; Innovations in Hearing Health Delivery; FDA Regulation of Hearing Aids and Personal Sound Amplification Products; the Costs and Benefits of Hearing Health Care Regulations; and Informing Consumer Choice in Hearing Health Care.

The workshop, which is free and open to the public, will be held at the Constitution Center, 400 7th St., SW, Washington, DC 20024. Information about reasonable accommodations is available on the conference website. The conference will be webcast live. To pre-register and submit questions, please email [email protected]. Staff also will take questions via Twitter during the workshop using #NowHearThisFTC.

The Federal Trade Commission develops policy initiatives on issues that affect competition, consumers, and the U.S. economy. Like the FTC on Facebook, follow us on Twitter, read our blogs, and subscribe to press releases for the latest FTC news and resources.

Recidivist Robocaller Settles FTC Telemarketing Complaint

The FTC has obtained a settlement order with Justin Ramsey, the ringleader of telemarketing operations that blasted illegal robocalls to consumers and called phone numbers listed on the National Do Not Call (DNC) Registry. The order bans Ramsey and his company, Prime Marketing LLC from placing robocalls to individuals to sell goods or services, initiating sales calls to numbers listed on the DNC Registry, and selling data lists containing phone numbers listed on the Registry. This settlement resolves the Federal Trade Commission’s charges against Ramsey.

Ramsey and Prime Marketing also agreed to a $2.2 million civil penalty, which will be suspended upon payment of $65,000. The full judgment will become due if they are later found to have misrepresented their financial condition.

According to the FTC’s January 2017 complaint, in 2012 and 2013 Ramsey and several co-defendants illegally blasted millions of robocalls to consumers and also placed millions of calls to phone numbers listed on the DNC Registry. In just one week in July 2012, the complaint states, the defendants made more than 1.3 million illegal robocalls to consumers nationwide, 80 percent of which were to numbers listed on the DNC Registry.

From 2014 through 2016, Ramsey continued his unlawful telemarketing through his new company, Prime Marketing. Just during April and May of 2016, Ramsey and Prime Marketing initiated at least 800,000 calls to numbers listed on the DNC Registry.

Each of the defendants in the case, except Ramsey and Prime Marketing, settled the Commission’s charges at the same time the agency filed its complaint. If approved by the Court, the settlement with Ramsey and Prime Marketing will resolve all remaining claims in FTC v. Ramsey and conclude the action.

The Commission vote authorizing staff to file the proposed stipulated federal court order settling the charges against Ramsey and Prime Marketing LLC was 2-0. FTC staff filed the proposed order in the U.S. District Court for the Southern District of Florida.

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

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs and subscribe to press releases for the latest FTC news and resources.

FTC Announces 2017 Military Consumer Financial Workshop: Protecting Those Who Protect Our Nation

The Federal Trade Commission announced today that it is hosting a workshop in San Antonio, Texas, on July 19, 2017, to examine financial issues and scams that can affect military consumers, including active duty servicemembers in all branches and veterans. The workshop also will discuss FTC resources available to military consumer advocates and representatives on financial readiness and fraud prevention, including the FTC’s Military Consumer Toolkit, available at Military.Consumer.gov. The toolkit allows personal financial managers, counselors, and others in the military community to share practical financial readiness tips and can be individually customized and easily shared on social media.

“Servicemembers and veterans have made great sacrifices to serve our country,” said FTC Acting Chairman Maureen K. Ohlhausen. “Protecting military consumers through law enforcement and education is a top priority of the Commission.” 

The FTC’s workshop Military Consumer Financial Workshop: Protecting Those Who Protect Our Nation will bring together military consumer advocates, consumer groups, government representatives (local, state, and federal), military legal services and legal clinics (including those at universities), all service branches, and industry representatives.

Topics of discussion at the daylong event  include, for example:

  • Auto purchase, financing, and leasing
  • Student and other lending, including installment credit practices
  • Information security issues
  • Financial literacy and capability, including identity theft and financial resources
  • Avoiding scams

Panelists interested in participating in this workshop should email any relevant information to: [email protected].

The workshop, which is free and open to the public, will take place at Chapman Auditorium, Trinity University, San Antonio, Texas 78212. A detailed agenda will be published at a later date.

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs and subscribe to press releases for the latest FTC news and resources.

FTC Staff Submits Comment to FERC on Helping New Electricity Generators Connect to the Power Grid

The Federal Trade Commission staff has submitted a comment to the U.S. Federal Energy Regulatory Commission (FERC). The staff comment responds to FERC’s request for comments on its proposal to improve the rules governing how electricity generation facilities connect to the transmission grid. These reforms are designed to allow wholesale power producers to connect to the transmission grid more quickly and cost-effectively.

Connecting to the transmission grid is the only way that most generating facilities can sell their electric power to customers. The goal of the potential reforms is to alleviate concerns that the current rules may be inefficient and may enable transmission owners to delay and raise the costs of entry in wholesale electric power markets.

The FTC staff comment – representing the views of the agency’s Office of the General Counsel, Office of Policy Planning, and Bureau of Economics – supports FERC’s reform proposals. FTC staff believes these proposed reforms will increase competition and benefit electricity customers. 

A number of the specific reforms under consideration by FERC are designed to lower the cost of establishing new connections to the transmission grid. Other potential reforms improve access to grid congestion information that wholesale producers need to plan for potential new generation capacity, in order to assist producers in identifying those places where additional capacity is most needed. Finally, the reforms facilitate prompt and objective resolution of disputes between generation entrants and transmission owners.

The comment notes that FERC’s proposals may give power generation entrants more opportunities to innovate and decrease interconnection costs. 

The Commission vote authorizing the staff comment was 2-0. (FTC File No. V170004; the staff contact is John H. Seesel, Office of the General Counsel, 202-326-2702.)

FTC and DOJ Support Reform of Alaska Laws That Limit Competition in the Health Care Sector

The Federal Trade Commission and the Department of Justice’s Antitrust Division have recommended that Alaska repeal its certificate-of-need (CON) laws, which require healthcare providers to obtain state approval before expanding, establishing new facilities or services, or making certain large capital expenditures.

In response to a request by Senator David Wilson for views on Alaska Senate Bill 62, which would repeal the Alaska CON laws, the joint statement suggests the state consider whether its CON program best serves the needs of its citizens.

“CON laws raise considerable competitive concerns and generally do not achieve their alleged benefits for health care consumers,” said Acting FTC Chairman Maureen K. Ohlhausen.  “CON laws can restrict entry and expansion, limit consumer choice, and stifle innovation.  Additionally, the CON process can be exploited by incumbent firms to thwart or delay entry by new competitors, as well as potentially obstruct efforts to restore competition lost to an anticompetitive merger, harming free markets and consumers.”

“Alaska lawmakers have the opportunity to bring lower costs and greater options to health care consumers,” said Acting Assistant Attorney General Andrew C. Finch of the Antitrust Division. “CON laws can increase the costs of investing in new health care services and can shield incumbents from competition.Repeal of Alaska’s CON laws could invigorate competition in this critical sector, to the benefit of patients, employers, and other health care consumers.” 

Although requirements vary for those states that have CON laws, these laws, including Alaska’s CON program, typically require certain health care providers to obtain approval from a regulatory body before expanding, establishing new facilities or services, or making certain large capital expenditures.

According to the joint statement, the FTC and DOJ historically have urged states to consider repeal or reform of their CON laws because they can prevent the efficient functioning of health care markets and harm consumers.  CON laws can create barriers to entry and expansion, limit consumer choice, deny consumers the benefit of an effective remedy for antitrust violations, facilitate anticompetitive agreements, and stifle innovation. 

The Commission vote to issue the comment was 2-0. (FTC File No. V170006; the staff contact is Daniel J. Gilman, Office of Policy Planning, 202-326-3136.)

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357).  Like the FTC on Facebook, follow us on Twitter, read our blogs and subscribe to press releases for the latest FTC news and resources.

FTC Approves SuperValu Application to Sell Supermarket to Saar’s

Following a public comment period, the Federal Trade Commission has approved an application from SuperValu Inc. to sell one of two supermarkets it bought in 2015, when Safeway and Albertsons merged and were required by the agency to divest 168 stores.

SuperValu will sell the former Albertson’s Store No. 477, in Lake Stevens, Washington, to the Auburn, Washington-based supermarket retailer Saar’s Inc. Saar’s is an independent supermarket operator with seven locations in the greater Puget Sound area.

The FTC’s final decision and order in the Safeway-Albertsons merger case required SuperValu, for three years, to obtain Commission approval before selling any stores it bought as part of the divestiture. It also required SuperValu to sell only to a buyer approved by the Commission.

The Commission vote approving the divestiture application was 2-0. (FTC File No. 141-0108; the staff contact is Dan Ducore, Bureau of Competition, 202-326-2526.)

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint. Like the FTC on Facebook, follow us on Twitter, read our blogs and subscribe to press releases for the latest FTC news and resources.

FTC Halts Imposter Scheme that Falsely Claimed Connection to the Agency

The Federal Trade Commission has obtained a preliminary injunction that bars a Florida man from illegally deceiving consumers by falsely claiming to be offering tech support services on behalf of the FTC.

According to the complaint filed by the FTC, Daniel “Danny” Croft has been misleading consumers by falsely telling them that his fake companies, PC Guru Tech Support (often called PC Guru) and Elite Tech Support, were hired by the FTC to contact consumers and remove malicious software installed on their computers by companies he falsely claimed were shut down by the FTC.

Croft contacted consumers by email and used fake FTC press releases and the names of FTC staff to trick consumers into contacting him so he could try to sell them unnecessary tech support services, the agency charged. The FTC’s complaint also alleges that Croft used scare tactics to frighten consumers, including claiming that the consumers’ computers were sending out information to hackers or were seriously infected with malware.

The FTC’s complaint alleges that Croft’s deceptive tactics violate the FTC Act and the CAN SPAM Act, which sets standards for unsolicited commercial email and other communications.

A federal court issued the stipulated preliminary injunction, which halts Croft’s allegedly illegal actions and requires him to turn over documents and records while the FTC moves forward with its case to stop permanently his illegal activities.

The Commission vote authorizing the staff to file the complaint and seek a temporary restraining order against the defendant in this case was 2-0. The FTC filed the complaint and request for a temporary restraining order in the U.S. District Court for the Southern District of Florida.

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.

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs and subscribe to press releases for the latest FTC news and resources.

Statement on “Best Places to Work Rankings”

Washington D.C.

Before the Subcommittee on Government Operations
Committee on Oversight and Government Reform
United States House of Representatives

Chairman Meadows, Ranking Member Connolly, and Members of the Subcommittee, thank you for inviting me to speak today regarding the U.S. Securities and Exchange Commission’s (SEC) Federal Employee Viewpoint Survey (FEVS) results and the improved rankings of Best Places to Work by the Partnership for Public Service. I am Lacey Dingman, the SEC’s Chief Human Capital Officer, and I am honored to have the opportunity to speak to you about the SEC’s efforts over the past five years to improve employee engagement. We are very pleased by the SEC’s improved employee engagement scores as reflected in the most recent FEVS results and by the recognition by the Partnership for Public Service as the “most improved” of any mid-sized agency. These positive results reflect the culmination of a persistent, multi-year effort by employees, the National Treasury Employees Union (NTEU), and the SEC’s leadership team in working together to create an environment that engages employees and supports their commitment to excellence on behalf of America’s investors and our markets.

The mission of the SEC is to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation. To achieve this mission, we rely on an exceptionally-skilled and dedicated workforce of over 4,750 employees in our Washington, DC Headquarters and 11 regional offices located throughout the United States. The SEC’s staff includes economists, accountants, compliance examiners, securities attorneys, quantitative analysts, information technologists, and administrative and operations personnel. Through their efforts, our employees strive every day to promote a market environment that is worthy of the public’s trust.

The Office of Personnel Management administered the 2016 Federal Employee Viewpoint Survey at the SEC in May and June of last year. More than 76 percent of the eligible workforce shared their views by completing the survey. The response rate was our highest participation rate to date.

Notable results include:

  • The SEC now ranks 6th among small- and mid-sized agencies in the Best Places to Work rankings. This is a significant improvement from our 27th place ranking in 2011.
  • The FEVS survey results increased for 69 out of 71 (97%) questions, with an average increase of four percentage points.
  • The SEC now ranks in the top 10 in most Best Places to Work categories, including work-life balance, training and development, strategic management and effective leadership.
  • The SEC received recognition by the Partnership for Public Service for being “Most Improved” for mid-size agencies.
  • The SEC now ranks 3rd in OPM’s Global Satisfaction Index with an 18 percent improvement compared to 2012. We also saw an 11 percent increase in both OPM’s Employee Engagement Index and the New Inclusion Quotient Index.

It has taken five years of effort by SEC management, the NTEU, and SEC employees at every level and across every division and office to achieve this progress. Our experience shows that any change of this magnitude cannot begin, nor succeed, without significant buy-in at the top and without significant involvement and constructive engagement from rank-and-file staff and their representatives. As a result of numerous meetings with senior managers, listening sessions with frontline employee teams, focus groups, and employee suggestions, the agency chose to focus on the following initiatives: improving communications across the agency and up-and-down the management chain; improving workforce engagement; greater recognition of employee contributions to the mission; and better leadership development and employee training opportunities.

Improving Internal Communications

Over the last several years the SEC has undertaken major efforts to improve internal agency communications. Representatives from every division and office across the SEC came together to discuss both formal and informal mechanisms to build, sustain, and encourage intra-agency communication and collaboration. As part of an initiative called “All Invested,” for example, agency senior leadership is holding periodic agency-wide Town Hall meetings with employees to communicate about topics of common interest and answer questions. The agency also strengthened its efforts to provide employees with regular messages on agency business, such as alerting them to upcoming Commission meetings and recognizing the contributions of staff who worked on the items under consideration. These efforts by senior leadership to communicate with staff, as well as holding events that bring employees together, have helped build a greater sense of mission across different divisions and offices within the agency.

The agency also has consistently highlighted the importance of communication and collaboration and stressed the value of teamwork and joint problem-solving through cross-divisional teams, groups, and task forces. We offered employee training and development opportunities focused on team building to help SEC employees effectively communicate with their peers, subordinates, and supervisors. These efforts have helped employees learn new ways to overcome obstacles and improve outcomes in their day-to-day work.

Our success in improving both our survey participation and results stems from our commitment to the simple fact that we work on it year round. We have found that communicating with staff before, during, and after the survey is administered – when the results are released, as action plans are being developed, and when issues are addressed – underscores the agency’s commitment to improving our organizational health. We also implemented a “FEVS Champions” program, which involves employees, managers, and labor representatives from each division and office in encouraging survey responses. Good or bad – we want to hear from all employees. Finally, to improve communication, transparency, and accountability for the results, in December 2016 we launched the “FEVS Insights Dashboard” – an initiative resulting from discussions in the SEC’s national Labor Management Forum. The dashboard allows employees to see the entire agency’s survey results and helps individual work units to diagnose their areas of strengths and opportunities for improvement.

Improving Workforce Engagement

Our years-long effort to improve employee engagement has also taught us that success does not happen overnight. We have learned that it requires the commitment and involvement of agency leadership and the support and involvement of agency employees. An important starting point for the agency occurred in 2013, when management and NTEU partnered to form committees in each division and office comprised of both employees and managers to work together to assess the annual survey data and create action plans focused on improving employee engagement in the office. These local labor-management committees facilitate open dialogue in identifying strengths and areas for improvement and exploring solutions to address specific issues within each organization, which has resulted in meaningful action at the frontline. We are proud that nine SEC offices ranked in the top 50 out of over 300 offices in the federal government in the Best Places to Work office-level rankings.

Our improved labor-management relationship fostered, in part, through these committees, has in turn helped us make progress in resolving other disagreements surrounding workplace issues. Our working partnership with the union focuses on obtaining pre-decisional input and pursuing informal means to resolve workplace disputes and issues when they arise.

Recognizing Employee Contributions to the Mission

We have also prioritized developing new ways to recognize employees for their achievements and acknowledging their hard work in a number of different ways. For example, the SEC uses the annual observance of Public Service Recognition Week as a key opportunity to mobilize senior leadership to facilitate discussions about the work we do as an agency; show employees our appreciation; and celebrate the accomplishments of each of our divisions and offices. We coordinate events during this week and try to reach every SEC employee to say “Thank You.” Likewise, during the week employees are encouraged to give their colleagues a “Shout Out” for either their great work, support of others, or their can-do attitude. Hundreds of employees take advantage of this opportunity and post their positive messages on an internal website.

Our annual honorary awards ceremony formally recognizes the accomplishments of high achieving individuals and teams. The awards recognize achievements across the agency and link those accomplishments directly to the SEC mission.

Developing Leaders and Training Employees

Sustained progress in improving employee engagement has required sustained commitment from all levels of management. Through our leadership development programs, we cultivate and maintain a cadre of managers who are able to conduct their supervisory responsibilities effectively, while meeting the dynamic challenges of the SEC mission. The agency’s training and development unit in the Office of Human Resources works with each division and office across the SEC to assess and identify mission-related training needs for managers and non-supervisory employees. The SEC offers abbreviated, virtual, and tailored classes, while also adding multi-session programs and training opportunities for non-supervisory grades and those aspiring to leadership roles. Last year, the SEC revamped the training provided to our senior leadership corps, an initiative which was recognized by the consulting firm McKinsey & Co. and the Partnership for Public Service in their 2016 report on training the SES (Company, 2016). We believe these efforts have had a positive impact on our Federal Employee Viewpoint Survey scores.

Pursuing Continuous Improvement

I am proud to acknowledge that the SEC’s Best Places to Work index score of 76 in 2016 is significantly improved from the agency’s 2012 score of 56. The SEC’s 2016 score is the highest in our agency’s history. The SEC is now ranked in the top 25 percent of mid-size agencies. While we are very pleased with these results, we know there is always room to improve. We know that we still have work to do and we will continue our collective efforts to demonstrate our values of integrity, effectiveness, fairness, accountability, teamwork, and excellence; foster communication, collaboration, and transparency; and empower our employees to carry out the SEC’s critical mission on behalf of American investors.

We believe that the annual Federal Employee Viewpoint Survey is an important tool that provides a snapshot of the opinions of our employees. While the results and rankings are informative, they are only the starting point. The real work begins when we hold meaningful discussions with division and office leadership teams to help them understand their results, create action plans, and follow through on how those plans can help our employees be efficient and productive.

Mr. Chairman, and distinguished Members of the Subcommittee, thank you for the opportunity to share with you the everyday efforts of my colleagues to make the SEC one of the best places to work in the federal government. I am happy to answer any questions that you may have.