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Can you prove those claims?

Posted by Clyde Hutchins | Mar 16, 2017 | 0 Comments

Can you prove those claims? A Colorado company with a controversial product has been sued by the Iowa Attorney General's Office for consumer fraud. The complaint alleges that Osmosis, LLC and Harmonized Water, LLC deceived consumers by making the assertion that their products

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Reform on the way at Equifax, Experian and TransUnion?

Posted by Clyde Hutchins | Mar 08, 2017 | 0 Comments

The Consumer Financial Protection Bureau's Report The Consumer Financial Protection Bureau (CFPB) recently released a report identifying problems with the big three consumer reporting companies (Equifax, Experian and TransUnion). The CFPB found several systemic problems at the companies and it h...

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"Made in the USA" means it is made in the USA

Posted by Clyde Hutchins | Feb 09, 2017 | 0 Comments

When a company claims that its products are "Made in the USA," the products should really be made in the USA. The Federal Trade Commission (FTC) recently drove home this point in a case against a water filtration system distributor in Georgia. The FTC entered a settlement with the distributor ba...

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Novel Advertising Gone Wrong

Posted by Clyde Hutchins | Jan 19, 2017 | 0 Comments

Misleading advertising can end up being costly to a business 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, reta...

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Wyoming attempts to plug a shell company loophole

Posted by Clyde Hutchins | Jan 18, 2017 | 0 Comments

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 ...

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Class Actions in Consumer Cases

Posted by Clyde Hutchins | Jan 09, 2017 | 0 Comments

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 l...

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Credit Freeze or Credit Monitoring?

Posted by Clyde Hutchins | Jan 06, 2017 | 0 Comments

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...

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Mandated Data Security Program

Posted by Clyde Hutchins | Dec 14, 2016 | 0 Comments

The Federal Trade Commission 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. he designation of an employee or empl...

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What does the new presidency mean for consumer law?

Posted by Clyde Hutchins | Dec 05, 2016 | 0 Comments

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 ve...

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You must disclose "influencers" in advertising

Posted by Clyde Hutchins | Nov 30, 2016 | 0 Comments

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 F...

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The FCC issues new consumer privacy rules

Posted by Clyde Hutchins | Oct 27, 2016 | 0 Comments

The Federal Communications Commission (FCC) issued new rules that limit how Internet Service Providers (ISPs) use and sell customer data. The FCC's new rules recognize the fact that ISPs are increasingly looking to use their customers' personal information for targeted advertising. The rules are ...

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Investigative Interviews in Colorado

Posted by Clyde Hutchins | Oct 19, 2016 | 0 Comments

What happens during investigative interviews in Colorado? Like the Wyoming Attorney General's Office, the Colorado Attorney General's Office conducts formal interviews in its investigations under the Consumer Protection Act. What happens during these interviews? The interviews may be held in va...

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Investigative Interviews Wyoming

Posted by Clyde Hutchins | Oct 18, 2016 | 0 Comments

What happens during investigative interviews? The State of Wyoming Attorney General's Office often uses investigative interviews in its investigations under the Consumer Protection Act. In fact, the Office is holding interviews today (October 18th). What happens during these interviews? The int...

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Consumer complaints up in Colorado, Wyoming and Alaska

Posted by Clyde Hutchins | Oct 11, 2016 | 0 Comments

The Consumer Financial Protection Bureau (CFPB) recently released a report about complaints that it receives from consumers. The CFPB is a consumer protection agency that focuses on consumer financial issues, like debt collection, mortgages, pay day lending, and auto loans. Interestingly, the CFP...

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Substantiation for Advertising Claims

Posted by Clyde Hutchins | Sep 29, 2016 | 0 Comments

Substantiation for Advertising Claims Companies making claims about the efficacy of their products must have a reasonable basis for those claims. The claims must be supported prior to the advertising claim. This is called "substantiation." It has long been a requirement for advertising claims, b...

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Defending against a Wyoming Attorney General Subpoena

Posted by Clyde Hutchins | Sep 20, 2016 | 0 Comments

The Wyoming Attorney General has strong subpoena power. However, there are limits to subpoena power. The consumer protection act provides grounds for resisting a subpoena. The Wyoming Consumer Protection Act provides that a person served with a subpoena may petition "for an order modifying or se...

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