Novel Advertising Gone Wrong
One of the major challenges of retailers is how to increase business from consumers. Retailers advertise their services or products through various mediums, often using novel methods. Despite what method is used to drive business, retailers must still comply with the minimum disclosure and fair standards required by the Federal Trade Commission...
Novel Advertising Gone Wrong Continue reading…
Wyoming attempts to plug a shell company loophole
The Wyoming legislature is in session for the next few weeks. One of the pending bills aims to plug a loophole that allows people to own or control Wyoming corporations and companies anonymously. As I have wrote about in the past, as the law is currently written, someone can setup...
Wyoming attempts to plug a shell company loophole Continue reading…
Class Actions in Consumer Cases
As many readers of this blog know, I practice in both Wyoming and Colorado. Because of my practice, I often run across interesting discrepancies between the two states' consumer protection laws. One of the unique differences between Wyoming and Colorado consumer law is the way that state level class actions are maintained.
Class Actions in Consumer Cases Continue reading…
Credit Freeze or Credit Monitoring?
You often hear about data breaches in the news, or unfortunately, through a data breach notice from a company. Most of the time that a data breach occurs, the company offers a credit monitoring service to help protect its customers from the consequences of the data breach. This is an "after the...
Credit Freeze or Credit Monitoring? Continue reading…
The Colorado Attorney General goes after a Timeshare Sale Operation
The Colorado Attorney General files suit against a Timeshare Sale Operation under the Colorado Consumer Protection Act
The Colorado Attorney General is taking action against a group of interrelated companies and their owners in regard to a timeshare sale operation. The case is Attorney General Cynthia H. Coffman...
The Colorado Attorney General goes after a Timeshare Sale Operation Continue reading…
Mandated Data Security Program
Data Security Program
The Federal Trade Commission (FTC) settled its investigation regarding the massive Ashley Madison data breach that occurred last year. One of the more interesting parts of the settlement is the mandated data security program. The FTC and Ashley Madison agreed that Ashley Madison...
Mandated Data Security Program Continue reading…
What does the new presidency mean for consumer law?
In the wake of the 2016 general election, many people who work in the area of consumer protection wonder what president-elect Trump's impact will be to consumer law. To answer this question, we have to go beyond the traditional conservative versus liberal analysis inherent in politics. president-elect Trump is a pragmatic businessman....
What does the new presidency mean for consumer law? Continue reading…
You must disclose “influencers” in advertising
The Federal Trade Commission (FTC) recently settled a case with Warner Bros. Home Entertainment Inc., regarding the FTC's claim that Warner Bros. failed to adequately disclose that it paid people ("influencers") to post positive video game videos for the game Middle Earth: Shadow of Mordor. The FTC claims that during the...
You must disclose “influencers” in advertising Continue reading…
Yo-Yo care sale financing terms – Can the customer also use the terms to back out of the deal?
As time passes, I see more and more auto dealers engaged in “yo-yo” sales. A “yo-yo” sale is one where the automobile dealer claims to have arranged financing on the sale of a vehicle, but later reneges on the deal. In view of the unilateral right of dealers to back out of...
Yo-Yo care sale financing terms – Can the customer also use the terms to back out of the deal? Continue reading…
Wyoming substantiation case sets the bar high for testing
This past September, in the U.S. District Court of Wyoming, the Federal Trade Commission (FTC) won a case against a company, and its owner in a case where the FTC alleged that the company made unfounded claims that its products could prevent or reverse gray hair. The resulting judgment against the company gives
Wyoming substantiation case sets the bar high for testing Continue reading…