Federal Trade Commission

In the online marketplace, consumers can transact business without the constraints of time or distance. One can log on to the Internet day or night and purchase almost anything one desires, and advances in mobile technology allow advertisers to reach consumers nearly anywhere they go. But cyberspace is not without boundaries, and deception is unlawful no matter what the medium. The FTC has enforced and will continue enforcing its consumer protection laws to ensure that products and services are described truthfully online, and that consumers understand what they are paying for. These activities benefit consumers as well as sellers, who expect and deserve the opportunity to compete in a marketplace free of deception and unfair practices. The general principles of advertising law apply online, but new issues arise almost as fast as technology develops " most recently, new issues have arisen concerning space-constrained screens and social media platforms. This FTC staff guidance document describes the information businesses should consider as they develop ads for online media to ensure that they comply with the law. Briefly, The same consumer protection laws that apply to commercial activities in other media apply online, including activities in the mobile marketplace. The FTC Act's prohibition on "unfair or deceptive acts or practices" encompasses online advertising, marketing, and sales. In addition, many Commission rules and guides are not limited to any particular medium used to disseminate claims or advertising, and therefore, apply to the wide spectrum of online activities. When practical, advertisers should incorporate relevant limitations and qualifying information into the underlying claim, rather than having a separate disclosure qualifying the claim. Required disclosures must be clear and conspicuous. In evaluating whether a disclosure is likely to be clear and conspicuous, advertisers should consider its placement in the ad and its proximity to the relevant claim. The closer the disclosure is to the claim to which it relates, the better. Additional considerations include: the prominence of the disclosure; whether it is unavoidable; whether other parts ofthe ad distract attention from the disclosure; whether the disclosure needs to be repeated at different places on a website; whether disclosures in audio messages are presented in an adequate volume and cadence; whether visual disclosures appear for a sufficient duration; and whether the language of the disclosure is understandable to the intended audience.

In a 2009 study of the debt collection industry, the Commission concluded that the "most significant change in the debt collection business in recent years has been the advent and growth of debt buying." "Debt buying" refers to the sale of debt by creditors or other debt owners to buyers that then attempt to collect the debt or sell it to other buyers. Debt buying can reduce the losses that creditors incur in providing credit, thereby allowing creditors to provide more credit at lower prices. Debt buying, however, also may raise significant consumer protection concerns. The FTC receives more consumer complaints about debt collectors, including debt buyers, than about any other single industry. Many of these complaints appear to have their origins in the quantity and quality of information that collectors have about debts. In its 2009 study, the Commission expressed concern that debt collectors, including debt buyers, may have insufficient or inaccurate information when they collect on debts, which may result in collectors seeking to recover from the wrong consumer or recover the wrong amount. The FTC initiated this debt buyer study in late 2009 for two main purposes. First, the FTC sought to obtain a better understanding of the debt buying market and the process of buying and selling debt. Second, the Commission wanted to explore the nature and extent of the relationship, if any, between the practice of debt buying and the types of information problems that the FTC has found can occur when debt collectors seek to recover and verify debts. Many stakeholders recognize the concerns that have been raised about debt buying, including consumer groups, members of Congress, federal and state regulatory and enforcement agencies, and the debt buyer industry itself. Indeed, the debt buyer industry has launched a self-regulatory effort to address some of these concerns, and the FTC is encouraged by that effort. This study of debt buyers is the first large-scale empirical assessment of the debt buying sector of the collection industry. The FTC hopes that its findings contribute to a greater understanding of debt buying, enhance ongoing reform efforts, and prompt further study of the industry. To conduct its study, the Commission obtained information about debts and debt buying practices from nine of the largest debt buyers that collectively bought 76.1% of the debt sold in 2008, with six of these debt buyers providing the information the Commission used in most of its analysis. The FTC also considered its prior enforcement and policy work related to debt collection, as well as available research concerning debt buying. The study focused on large debt buyers because they account for most of the debt purchased; it did not address the practices of smaller debt buyers that are a frequent source of consumer protection concerns, a limitation that must be considered in evaluating the study's findings. The Commission acquired and analyzed an unprecedented amount of data from the studied debt buyers, which submitted data on more than 5,000 portfolios, containing nearly 90 million consumer accounts, purchased during the three-year study period. These accounts had a face value of $143 billion, and the debt buyers spent nearly $6.5 billion to acquire them. Most portfolios for which debt buyers submitted data were credit card debt, with such debt accounting for 62% of all portfolios and 71% of the total amount that the buyers spent to acquire debts. In addition to these data, the debt buyers provided copies of many purchase and sale agreements between themselves and sellers of debts. The debt buyers also submitted narrative responses to questions concerning their companies and their practices, as well as the debt buying industry. The key findings of the study are as follows:

In February 2012, Federal Trade Commission (FTC) staff issued a report on a survey of mobile "apps" offered for children in Apple's App Store and Google's Android Market, the two largest U. S. app stores. The report, Mobile Apps for Kids: Current Privacy Disclosures are Disappointing, found that little or no information was available to parents about the privacy practices and interactive features of the mobile apps surveyed prior to download. As a result, the report called on all members of the kids' app ecosystem - app stores, developers, and third parties that interact with the apps - to provide greater transparency about the data practices and interactive features of apps geared to children. The report stated that FTC staff would conduct a follow-up survey in six months to evaluate whether and how industry had addressed the concerns raised. FTC staff conducted its follow-up survey during the summer of 2012. Like the first survey, the new survey examined the disclosures that apps provided about their privacy practices and interactive features, such as links to social media. However, the new survey went a step further by testing the apps' practices and comparing them to the disclosures made. Specifically, the new survey examined whether the apps included interactive features or shared kids' information with third parties without disclosing these facts to parents. The answer: Yes, many apps included interactive features or shared kids' information with third parties without disclosing these practices to parents.

Through a variety of new mobile applications ("apps"), technology is rapidly changing the way consumers shop. Today's mobile apps offer new beneficial services designed to enhance the consumer shopping experience. These apps allow smartphone users to compare competing products and retailers in real-time, seek out the best deals, and pay for their purchases by waving their phones at the checkout counter. Many of these apps have been installed on millions of devices, and all use mobile technology to alter consumers' shopping. To better understand the consumer protection implications of these emerging products and services, Federal Trade Commission staff studied some of the most popular apps that allow consumers to compare prices across retailers, collect and redeem deals, or pay for purchases while shopping in brick-and-mortar stores. Staff sought to learn more about how these apps and services operate, primarily by examining information that is available to consumers before they download the software onto their mobile devices. Staff looked for pre-download information describing how those apps that enable consumers to make purchases dealt with fraudulent or unauthorized transactions, billing errors, or other payment-related disputes. In addition, because shopping apps can allow multiple parties to gather and consolidate personal and purchase data, staff looked for information explaining how the apps handled consumer data. Based on its review, staff found that the apps studied often failed to provide pre-download information on issues that are important to consumers. Prior to download, few of the in-store purchase apps provided any information explaining consumers' liability or describing the app's process for handling payment-related disputes. Additionally, although nearly all of the apps made strong security promises and linked to privacy policies, most privacy policies used vague language that reserved broad rights to collect, use, and share consumer data, making it difficult for readers to understand how the apps actually used consumer data or to compare the apps' data practices. In light of these findings, staff makes the following recommendations to companies that provide mobile shopping apps to consumers:

This Guide, prepared by the Federal Trade Commission (FTC), is intended to assist attorneyscounseling identity theft victims. It explains: common types of identity theft the impact of identity theft on clients the tools available for restoring victims to their pre-crime status. Specifically, the Guide highlights the rights and remedies available to identity theft victimsunder federal laws, most notably: the Fair Credit Reporting Act (FCRA) the Fair Credit Billing Act (FCBA) the Fair Debt Collection Practices Act (FDCPA) the Electronic Funds Transfer Act (EFTA). It also includes information and materials published by other organizations that address lesscommon, more complex, and emerging forms of identity theft, such as medical or employmentrelated identity theft.

When a loved one dies, grieving family members and friends often are confronted with dozens of decisions about the funeral - all of which must be made quickly. What kind of funeral should it be? What funeral provider should you use? What are you legally required to buy? Should you bury or cremate the body, or donate it to science? What are the choices for a green funeral and burial? What other arrangements should you plan? How much is it all going to cost? Each year, people grapple with these and many other questions as they spend billions of dollars arranging funerals for family members and friends. Many funeral providers offer various "packages" of goods and services for different kinds of funerals. The Federal Trade Commission (FTC), the nation's consumer protection agency, wants you to know that when you arrange for a funeral, you have the right to buy goods and services separately. You do not have to accept a package that includes items you do not want.

Identity theft happens when someone steals your personal information and uses it without your permission. It is a serious crime that can wreak havoc with your finances, credit history, and reputation - and it can take time, money, and patience to resolve. The Federal Trade Commission (FTC), the nation's consumer protection agency, prepared this guide to help you repair the damage that identity theft can cause, and reduce the risk of identity theft happening to you. If you suspect that someone has stolen your identity, acting quickly is the best way to limit the damage. Setting things straight involves some work. This guide has tips, worksheets, blank forms, and sample letters to guide you through the recovery process. It covers: - what identity theft victims must do immediately- what problems may crop up- how you can reduce your risk of identity theft