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?
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...
Wyoming seems poised to pass the bill that closes loopholes for Wyoming entities
HB 22 Advances without opposition in the Wyoming legislature As I noted last month, there is a bill pending before the Wyoming legislature that would remove some of the loopholes that allow great anonymity for Wyoming company owners. The bill is advancing without opposition in the legislature an...
"Made in the USA" means it is made in the USA
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...
Timeshare company settles with the Colorado Attorney General
Timeshare company settles with the Colorado Attorney General Last month I wrote about a case brought by the Colorado Attorney General against a Timeshare Sale Operation. I have more information about the case now. It seems that several of the defendants in the case settled with the Attorney Gene...
Novel Advertising Gone Wrong
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...
Wyoming attempts to plug a shell company loophole
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 ...
Class Actions in Consumer Cases
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...
Credit Freeze or Credit Monitoring?
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...
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 Colorado v. Highla...
Mandated Data Security Program
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...
What does the new presidency mean for consumer law?
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...
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 F...
Yo-Yo care sale financing terms - Can the customer also use the terms to back out of the deal?
YO-YO CAR 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...
Wyoming substantiation case sets the bar high for testing
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 prev...
The FCC issues new consumer privacy rules
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 ...
Investigative Interviews in Colorado
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...
Investigative Interviews Wyoming
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...
Consumer complaints up in Colorado, Wyoming and Alaska
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...
Those that help faciliate deceptive marketing can also be held liable
On September 23rd, 2016, the U.S. Court of Appeals for the Second Circuit affirmed a lower court ruling that LeadClick Media, LLC is liable for assisting third party affiliate marketers in the deceptive marketing of a weight-loss supplement. LeadClick recruited affiliate marketers that utilized f...
Should I dissolve my company if it is under investigation?
When faced with an investigation by the Attorney General's Office, a common consideration for one owner limited liability companies is whether to dissolve. It may seem that logic would dictate that dissolution would end the investigation, and consequently, any liability or civil penalties that mi...
Substantiation for Advertising Claims
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...
What happens when a consumer files a complaint with the Wyoming Attorney General's Office?
What happens when a consumer files a complaint with the Wyoming Attorney General's Office? Each state has its own system for dealing with consumer complaints made to the Attorney General's Office. A state develops a complaint intake system and handling procedures based upon (1) its population an...
FTC again highlights the importance of "Clear and Conspicuous" disclosure of the material terms
The Federal Trade Commission (FTC) yet again took action against a company for failing to clearly and conspicuously disclose the terms of its product offers online. After receiving thousands of consumer complaints against NutraClick, LLC, the FTC took action against the company to halt its decept...
Defending against a Wyoming Attorney General Subpoena
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...