Archive for the ‘FTC’ Category

Feds say LifeLock broke online data security promises

CONSUMER FORUM

Posted July 26, 2015, at 2:39 p.m.
The commercials seemed reassuring.

They led viewers to believe LifeLock could keep consumers’ sensitive data as safe as some financial institutions. Last week, the Federal Trade Commission called such claims deceptive and told LifeLock executives to stop making such claims.

In fact, the FTC told LifeLock the same thing back in 2010. That’s when the company, FTC and 35 state attorneys general — including Maine’s — reached a settlement requiring LifeLock to stop making deceptive claims, to tighten up the way it safeguards the information it collects from consumers and to pay $12 million in refunds to consumers.

Last week, the FTC filed documents with the U.S. District Court for the District of Arizona. The agency claims the documents prove LifeLock violated the 2010 order by falling short in three areas:

— Failing to protect customers’ sensitive data.

— Falsely advertising that it used the same high-level safeguards as financial institutions to safeguard those data.

— Failing to meet recordkeeping requirements set forth in the 2010 order.

Jessica Rich, director of the FTC’s Bureau of Consumer Protection, doesn’t have much of a sense of humor when she thinks agreements aren’t being followed.

“It is essential that companies live up to their obligations under orders obtained by the FTC,” she said. “If a company continues with practices that violate orders and harm consumers, we will act.”

The Associated Press quoted a LifeLock spokesman as saying the FTC actions relate to past practices and that the company is prepared to defend itself in court. LifeLock says it has been talking and cooperating with the FTC for the past year and a half.

The documents filed with the court are sealed, so we don’t know what information the FTC has to back up its claims. The court will decide which documents would be unsealed.

Consumers still need to decide how best to protect their sensitive data. Some may feel paying LifeLock or a similar company amounts to money well spent. Others may feel they can do the best job of keeping an eye on their own credit card statements, getting their free annual credit reports and doing everything else necessary to keep their personal and financial data secure.

Consumer Reports advises that, whatever consumers do, they should act fast if they discover their Social Security numbers have been accessed. Consumer Reports advises putting a security freeze on credit reports with the three major reporting agencies: Equifax, Experian and Trans Union. That would keep creditors from accessing your file if a crook tries to open a new account in your name — without that access, creditors are likely to deny the application.

If you’re not a victim of identity theft, the freeze should cost no more than $6, according to a change in the law approved during the last session of the Maine Legislature. If your identity has been stolen, there is usually no charge to freeze your account.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit https://necontact.wordpress.com or email contacexdir@live.com.

Send flowers, not other people’s credit card numbers

CONSUMER FORUM

By Russ Van Arsdale, executive director Northeast CONTACT
Posted May 31, 2015, at 2:26 p.m.

Until a couple of years ago, Florists’ Transworld Delivery Inc. and Classmates.com were affiliated companies. Now they’ve settled charges by the Federal Trade Commission that they engaged in misleading advertising and billing.

Maine is among 22 states that took legal action against the companies. A big part of the investigation focused on accusations that the companies used “negative option marketing” to snag customers who didn’t know what they were buying. Investigators looked at tactics, including subscriptions to Classmates that renewed automatically.

The probe also looked at the companies’ dealings with third-party marketers, including travel rewards programs, insurance plans and discount buying clubs, whose ads would “pop up” during transactions.

The states charged that Classmates and FTD shared consumers’ personal information, including credit card numbers. This practice, known as “data pass,” allowed customers to be charged for third-party offers if they did not opt out.

Congress put an end to data pass in Internet dealings by approving the Restore Online Shoppers’ Confidence Act in 2010.

In reaching the settlement, which will cost the two firms $11 million, FTD and Classmates admit no wrongdoing. FTD officials say they voluntarily stopped a third-party marketing program in early 2010.

Classmates also denied any wrongdoing. Part of the settlement statement deals with the companies’ denial: “The defendants are confident that if any of the alleged misconduct were to be litigated, the defendants would prevail on each and every claim asserted by the plaintiffs. However, to avoid the substantial burden and expense on the defendants that would result from continued investigation into these issues or litigation, the defendants have elected to resolve this matter through a consensual resolution.”

In the future, both companies say they will keep customers’ information from being passed on to third-party marketers without the consent of those customers.

Classmates also said it would work to make it easier for customers to end their subscriptions.

Both firms must be clear whether membership programs they may offer are their own or those of third parties. They also can’t use terms including “free” or “risk free” if a program will switch to a paid subscription.

Part of the settlement includes $3 million set aside by Classmates for refunds to customers who had signed up and later had problems canceling.

FTD will pay $8 million to the 22 states, including Maine, involved in the suit.

Maryland Attorney General Brian Frosh used the announcement of the settlement to caution people. “Consumers should always carefully review service agreements and other add-on offers when making a purchase to ensure there are no strings attached,” Frosh said in a statement.

Consumers are advised that, to be eligible for restitution from Classmates, they must have purchased subscription services from the company between Jan. 1, 2008, and May 26, 2015

The deadline to file claims is Aug. 24. Mainers may file through Classmates or with the Maine Attorney General by writing to 6 State House Station, Augusta, ME, 04333, or by going online at http://consumer.mediation@maine.gov. If consumers have questions, they may call the Maine attorney general’s office at 1-800-436-2131.

Businesses and consumers can expect more enforcement actions in the future. FTC Guardian is a Georgia-based company — not affiliated with the Federal Trade Commission — which has suggestions for other entities that do online marketing. You can read this company’s advice at ftcguardian.com/articles/tragic-legal-mistake-4-continuity-programs-in-the-ftc-crosshairs/.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit https://necontact.wordpress.com or email contacexdir@live.com.

The perils of not reading terms, conditions

CONSUMER FORUM 

Posted May 17, 2015, at 6:50 a.m.

Dear Company X:

Thank you for your recent letter regarding my inquiry about your negative option policy. I understand your policy states that “purchases and renewals are non-refundable” and that it was in effect when I signed up for your “club.”

I’m confused because your response states “membership cancellation can only be completed prior to the next renewal date.” Lucky me, I have plenty of time, since this membership I’m trying to get out of lasts until next February.

And, yes, when first signing up I checked the little box that says I understand and agree to all the stuff that’s in your policy. For your convenience, at the bottom of this letter I’ve included a checkbox that says you understand that most consumers wouldn’t read these things if trapped alone on a desert island with nothing else to read.

Here’s what gets me, Company X. A request to cancel has to be made at least five days before my plan expires. Even if I do that, with about nine months of “service” left on my current membership, I get nothing back?

I got into this situation because I was looking for a renewal notice before my last membership ran out. I noticed the renewal charge on my credit card bill, which arrived too late for me to cancel. Why don’t you guys do what the magazine companies do and send renewal notices eight or nine months before our subscriptions run out? Why instead is your policy to say nothing and be signed up and charged again?

Click to read: Tragic (Legal) Mistake 4: Continuity Programs: In the FTC Crosshairs

I’m told this is called a negative option policy. This practice by your company and many others has drawn attention from some people in high places. Six years ago, the Federal Trade Commission had its staff look at four kinds of negative option plans. The staff examined automatic renewals, including mine. They also looked at pre-notification negative option plans, such as book or music clubs that send a periodic notice that a consumer will receive another selection. If the person does nothing, the company ships the selection and charges for it. The staff also looked at continuity plans, where consumers agree up front to receive goods or services until they cancel the agreement. There also are free-to-pay or nominal-fee-to-pay plans: After a trial period, sellers automatically start charging a fee — or increased fee — unless consumers affirmatively return the goods or cancel the services.

Then, Company X, there’s the upsell. Some companies pitch their negative options, seal the deal, then offer an additional product or service for a few dollars more. Or they bundle offers, so two or more products or services may only be purchased together.

The FTC staff work led to passage in 2010 of the Restore Online Shoppers’ Confidence Act, or ROSCA. As you know, ROSCA bans negative option deals unless the seller does the following:

— Clearly and conspicuously discloses all material terms before getting the consumer’s billing information.

— Gets the customer’s express informed consent before making the charge.

— Sets up a simple way to prevent recurring charges.

I’m sure you folks at Company X wouldn’t diminish my consuming experience by failing to comply with the law just to make a few dollars more.

DirecTV incurred the FTC’s wrath by allegedly failing to make clear what the rates were when a nifty introductory offer was up. There apparently was some concern about the fees people were paying to get out of the deal, too.

Your company and others may be watching to see if DirecTV appeals. Or maybe you think it’s better for all businesses to be clear and conspicuous with their offers so we all know where we stand. Please check here if you agree — uh, that’s called affirmative consent.

Have a nice day.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit https://necontact.wordpress.com or email contacexdir@live.com.

FTC Launches New Resource for Identity Theft Victims

IdentityTheft.gov Helps People Report and Recover from Identity Theft

FOR YOUR INFORMATION

May 14, 2015

The Federal Trade Commission has launched IdentityTheft.gov, a new resource that makes it easier for identity theft victims to report and recover from identity theft. A Spanish version of the site is also available at RobodeIdentidad.gov.

The new website provides an interactive checklist that walks people through the recovery process and helps them understand which recovery steps should be taken upon learning their identity has been stolen. It also provides sample letters and other helpful resources.

In addition, the site offers specialized tips for specific forms of identity theft, including tax-related and medical identity theft. The site also has advice for people who have been notified that their personal information was exposed in a data breach.

Identity theft has been the top consumer complaint reported to the FTC for the past 15 years, and in 2014, the Commission received more than 330,000 complaints from consumers who were victims of identity theft.

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(link is external), follow us on Twitter(link is external), and subscribe to press releases for the latest FTC news and resources.

Unlocking the code – FTC Scam Alert

 

Unlocking the code

by Alvaro Puig
Consumer Education Specialist, FTC

Identity thieves may already have a lot of information about you – like your credit card number, the card’s expiration date, and your name, address, and phone number. With all that information in his hands, why would he call you? He’s after one vital piece of information – the security code on your credit card.

Read more >

Easier to lose money than weight

CONSUMER FORUM

By Russ Van Arsdale, executive director Northeast CONTACT Posted Feb. 22, 2015, at 10:09 a.m.

Here’s a recipe for making millions on unsuspecting consumers. Buy green coffee bean extract from China for about 50 cents per bottle plus shipping, sell each bottle for $30 to $48 and gross an estimated $16 million to $26 million.

To rack up those sales, you’ll need to pass off an unscientific study as “proof” people can lose “an astounding amount of fat and weight” simply by downing your product. Advertise that there’s no need to reduce calories or increase exercise; just swallow the extract along with the seller’s worthless promises. You’ll need some TV promotion to build credibility. An appearance on the “Dr. Oz” show should do the trick. Add a few websites with names that will trigger lots of hits for your wonder product, and you’re on your way.

Dr. Oz scolded at hearing on weight loss scams (click image for FoxDC.com story)

Just don’t get caught. The Federal Trade Commission said last year the “as seen on TV” campaign was false and misleading. In May 2014, the FTC charged NPB Advertising of Tampa, Florida, with making “false and unsupported advertising claims” and with failing to disclose its news sites and testimonials were phony. The case is pending. Then, in September, the FTC charged that Applied Food Sciences of Austin, Texas, used a study it should have known was flawed to make “false and unsubstantiated weight-loss claims” to deceive consumers and sell its extract. The company settled that case for $3.5 million. In September, Dr. Oz announced on his website the study had been retracted. “This sometimes happens in scientific research,” Oz wrote at the time. Last month, the FTC settled charges against Lindsey Duncan and two companies he controls: Pure Health LLC and Genesis Today Inc. Under the settlement, Duncan and his companies have to pay $9 million in consumer redress and refrain from making deceptive claims about green coffee bean extract or any other dietary supplement or drug product. Several critics of the settlement cited a “chilling effect” and voiced fears other manufacturers might hesitate to advertise true claims about products. In a statement, FTC Chairwoman Edith Ramirez said she and the other two commissioners supporting the settlement are “more concerned about other marketers’ incentive to emulate the defendants’ conduct, believing that they will ultimately retain the lion’s share of their ill-gotten gains.” You can review a timeline of the FTC’s actions at nutritionaction.com. On the homepage, look for the article titled “Watch Out for Deceitful Marketing of Dietary Supplements” under “Daily Tips.” Then do a web search for “green bean coffee extract.” We’re betting a wide majority of the 1.58 million hits are still touting weight-loss myths. To lose weight and keep if off, eat fewer calories and increase activity. To learn more about possibly getting some money back if you bought green coffee bean extract, visit the FTC website at consumer.ftc.gov/features/feature-0008-getting-your-money-back.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit https://necontact.wordpress.com or email contacexdir@live.com.

If Bruce with a foreign accent calls, offers to fix your computer, hang up

CONSUMER FORUM

Posted Feb. 08, 2015, at 3:01 p.m.

You get a call from someone claiming to be from Windows Helpdesk, Windows Service Center, Microsoft Tech Support, Microsoft Support or a similar sounding name.

The caller says he has “detected trouble with your computer” and can help you fix it. Red flags should be flying, because this is one of the most frequently perpetrated scams going. Microsoft warns consumers about these scams and offers tips for spotting fake calls.

The clues are all there. Most callers are heavily accented but give very American-sounding names. They claim your computer is infected with a virus or is operating “with a lot of errors.” They can fix this, they claim, if you’ll only turn over control of your computer to them online and send them a few hundred dollars.

It’s always a scam. No cold-caller could possibly know whether your computer is operating correctly. Those “errors” are typical operating vagaries a scammer tries to make you believe will damage your system if left alone.

Give up control of your computer to someone who calls out of the blue, and you run the risk of having your passwords, financial data and other personal details stolen. Thieves could use that information to drain bank accounts, ruin your credit and steal your identity.

If successful, they’ll probably call back and try to sell you worthless computer security software. Once a scammer succeeds, you can bet your phone number will go on other crooks’ call sheets.

The Federal Trade Commission tried to crack down on the tech support scam, as the crime has become known. In September 2012, the FTC froze the assets of 14 companies working the scam. The agency said the “repair” fees ranged from $49 to $450 and netted thieves tens of millions of dollars from innocent consumers.

That put a few crooks out of business, at least for a while. However, cheap international phone rates and sophisticated dialing programs offer criminals the means to exploit the fears of computer users.

If you let the scammers prattle on, they’ll urge you to open a Microsoft event utility viewer; it’s built into Windows and lists harmless errors legitimate repair people can use to fix operating problems. The crooks point to the “error” and “warning” messages as signs that disaster is about to strike, when in fact the computer may be operating just fine.

The caller might then try to trick you into visiting a phony website and downloading what appears to be a repair tool; in fact, it’s malware that can lock up one or more programs on your computer. The caller may later demand a ransom to allow those programs to work properly again. Or the scammers might install malicious software that turns your computer into a “zombie,” which in turn looks for more computers to infect.

If you receive such a phone call, the best thing to do is hang up. Never buy any software or services from these cold callers. Don’t give them a credit card number or other financial information. And don’t click on links at websites to which you’re directed or in emails they send you. And never turn control of your computer over to anyone other than a known representative of a company with which you already have a business relationship for computer service.

If you have given information, change passwords to your computer, main email service and any financial programs. Do an anti-virus scan to look for malware; if you’re unsure whether the scan has dealt with any problems, you may want to take the computer to a local company you trust to have it thoroughly checked out.

If you’ve shared personal or financial information with a scammer, you may want to place a fraud alert on your credit report. Get details from the Maine Bureau of Consumer Credit Protection, credit.maine.gov, or call 1-800-332-8529 (1-800-DEBT-LAW).

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit https://necontact.wordpress.com or email contacexdir@live.com.

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