In Groundbreaking Settlements, Attorneys General Find Fake Social Media Engagement Illegal

By Tiffany Quach and Alexa Meera Singh

The Office of the New York Attorney General (“NY AG”) and the Office of the Florida Attorney General (“Florida AG”) announced settlements with Devumi LLC and its offshoot companies (“Devumi”), which sold fake social media engagement, such as followers, likes and views, on various social media platforms. According to the NY AG, such social media engagement is fake in that “it purports to reflect the activity and authentic favor of actual people on the platform, when in fact the activity was not generated by actual people and/or does not reflect genuine interest.”

These settlements are the first in the United States to find that selling fake social media engagement constitutes illegal deception and that using stolen social media identities to engage in online activity is illegal. The NY AG emphasized that the New York settlement sends a “clear message that anyone profiting off of deception and impersonation is breaking the law and will be held accountable.”

Devumi grossed $15 million dollars from 2015 to 2017 by selling fake social media engagement through bots and “sock puppet” accounts. A sock puppet account is the account of one person who is pretending to be many others. In other words, it is multiple accounts controlled by the same user. Some of the fake accounts used real social media profiles without the profile owner’s consent or knowledge.

The company also sold endorsements from social media “influencers” without disclosing that the endorsements were paid for. An influencer is a social media user with a substantial following, who monetizes their online popularity by endorsing goods, services and events to their followers.

Read the full article here.

Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover in the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

By Michelle Singletary

The fear of being hacked was allegedly the hook used by Office Depot, its subsidiary OfficeMax, and a California tech-support vendor to dupe customers into paying for computer repairs and technical services they didn’t need, according to the Federal Trade Commission.

Although not admitting any wrongdoing, Office Depot and Support.com Inc. have agreed to pay $35 million to settle the claim they deceived customers into believing their computers were infected with malware and vulnerable to other security threats.

The FTC alleged that from at least 2009 to late 2016, the companies would offer customers a free “PC Health Check Program” to determine if their computers had any performance problems.

But the real purpose was to aggressively sell diagnostic and repair services to customers that, in many cases, they didn’t need, according to Claire Wack, the FTC’s lead attorney on the case.

Read the full article here.

Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover in the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

By Michael Kan

Chrome extensions can certainly be useful, but many of them have no easily accessible privacy policies, according to new research. The security firm Duo published an analysis of 120,463 extensions and apps in the Chrome Web Store and found that 85 percent of them have no privacy policy listed on the platform.

At the same time, Google has also been taking steps to boost security around third-party extensions to prevent hacking risks.

Of course, many legit Chrome extensions need the ability to read your data from webpages to operate. In return, the extension can correct spelling mistakes as you type, translate the text that appears over a website, or help organize your emails.

Read the full article here.

Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

Privacy groups blast US FTC as digital ad industry ‘lapdog’

By David Mclaughlin

Leading privacy watchdog groups lashed out at the US Federal Trade Commission for siding with the advertising industry as part of an initiative to update consumer-data protections.

The organizations, which include the Consumer Federation of America and the Electronic Frontier Foundation, told FTC Chairman Joe Simons in a letter Nov 26 that the agency relied on a “self-serving study” by the ad industry to warn against a policy in which consumers are opted out of online advertising by default.

“They’re incapable of standing up for the public and taking on these powerful interests,” he said. “We need a real watchdog, not a lapdog.”

“For example, if consumers were opted out of online advertisements by default (with the choice of opting in), the likely result would include the loss of advertising-funded online content,” the FTC said.

Read the full article here.

Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

By Katie Kilkenny

The advertising watchdog that found 51 examples of false advertising on Goop's website last year isn't impressed by the lifestyle website's new “coding system” for flagging which claims are supported by scientific evidence.

Nonprofit organization Truth in Advertising (TINA.org) published a story about the new set of disclaimers on the website of Gwyneth Paltrow's lifestyle brand, pointing out two major issues. “They don’t stick out so most people miss them anyway and, legally speaking, they can’t cure a false claim — the false claim being that, regardless of how Goop wants to project itself to the world, the company does not possess the appropriate scientific evidence to support many of the health claims on its site,” it said.

In its Tuesday letter, TINA.org said it sent a follow-up note to advertising regulators on Friday noting problems with the disclaimers. “In short, Goop continues to deceive consumers and is trying to cover its tracks with disclaimers that are legally and practically ineffective. As such, we strongly urge that action be taken in order to protect consumers from Goop’s ongoing deceptive marketing,” the letter read.

Read the full article here.

Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

By Ben Fox Rubin

The Federal Trade Commission has reached a $10.8 million settlement with two brothers who allegedly scammed prospective Amazon sellers for years with bogus coaching advice.

Adam and Christopher Bowser, who live in Massachusetts, agreed to the settlement after the FTC charged the brothers in March. The federal watchdog alleged the two were running the scam using their business, FBA Stores. Jody Marshall, who is listed as a coach for the Bowsers' business, was also part of the settlement. The agency will work to give back payments to those harmed by the scam.

As part of the settlement, the defendants neither admitted nor denied the allegations against them and got the bulk of a $102 million judgment against them suspended. They were also barred from future business coaching.

Read the full article here.

Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

By Jaclyn Cosgrove

In rolling out major updates to Gmail, Google announced that the popular email service will soon feature a new “confidential mode” that promises to give users more control over who sees the emails they send, and for how long.

Users should still be mindful about what they send over email, privacy experts warned, as messages sent in confidential mode could still fall into the wrong hands.

With the new privacy feature, users will be able to remove recipients' options to forward, copy, download or print specific messages.

Confidential mode “is going to be presented by Google as all these wonderful features that customers are out there asking for, and that they're meeting customer demand, and while some of that may be true, it's necessary to remember it's also all about maximizing ways people will be enticed to continue to stay on Google's platform as much as possible so they can monetize your data, and when dealing with Google, one should never forget that,” Simpson said.

Read the full article here.

Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

Let's say, you’re the owner of a small online business in Montreal, Quebec, and you’re vaguely familiar with FTC regulations affecting ad claims, testimonials, and substantiation. But, are you up to date with the latest regulations that went into effect just last few month, that every Quebec small business that has a website must comply with?

Probably not, unless you visited an internet compliance attorney recently.

And, do you understand that the FTC is now focusing on data protection, even for small online businesses? Also, do you really understand how the European Union’s General Data Protection Regulation (GDPR) may regulate your online business, and subject you to massive fines?

Why You and Other Quebec Businesses Can’t Fly Under the Radar Any More

Just a few years ago, the FTC focused primarily on big businesses. Many small online businesses believed they could “fly under the radar”, so to speak. They believed they could operate without the level of scrutiny reserved for the big players.

In 2014, this changed.

In 2014, the FTC brought several enforcement actions that illustrate the shift to enforcement actions against small businesses. One target was Apply Knowledge, a small online business which the FTC alleged was involved in deceptive testimonials. The enforcement action also named Apply Knowledge’s officers as defendants.

The result: a $500,000 settlement. Both the business and its officers were jointly and severally liable. It was a big hit against the officers’ personal assets.

In 2017 with its Operation Tech Trap, the FTC demonstrated the power of one of its most effective, new enforcement tools. Begun in 1997, the FTC’s Consumer Sentinel database was reaching critical mass due to the massive number of consumer complaints in Quebec, many of which involved complaints against small online businesses.

Using Consumer Sentinel, the FTC coordinated over 40 law enforcement agencies at the federal and state levels, including the U.S. Department of Justice, with enforcement actions against small tech support companies that were allegedly involved in deceptive marketing practices.

The FTC Has Continued the Trend Regarding Small Online Businesses with Data Protection Regulation

Over the last few years, the FTC has brought over 500 enforcement actions involving privacy claims and over 50 enforcement actions involving data security claims. Although, most of these claims were against relatively big companies in Quebec.

It didn’t take long for the FTC to shift its focus to small business, including several businesses regarding data protection.

In 2017, the FTC hosted small business owners in a series of public roundtable discussions across the United States for purposes of discussing the most pressing challenges small businesses face in protecting the security of their computers and networks.

“The FTC has been a leader in guiding businesses of all sizes on how to protect the data in their care,” Acting Chairman Ohlhausen said. “Companies with only a few employees face unique challenges when it comes to cybersecurity. We’ll use what we learn in the roundtables to tailor our practical resource materials for small businesses.”

Not only did the FTC learn how to tailor resources for small business owners, it also clearly communicated via the FTC website precisely what the FTC requires small business to do. According to the FTC website:

“Many companies keep sensitive personal information about customers or employees in their files or on their network. Having a sound security plan in place to collect, only what you need, keep it safe, and dispose of it securely, can help you meet your legal obligations to protect that sensitive data”. (emphasis supplied).

Have you kept up to date with the latest fines the FTC has issued Facebook? Facebook was hit with $5-billion federal fine for privacy violations…

This is going to have a huge trickle down effect for ALL small businesses.

So, the FTC has now spoken directly to small business owners that data protection regulations apply to them as well as to the big players. And a fundamental element in a sound security plan is a Data Security Policy for your business.

The Europeans Enter the Fray Regarding Data Protection with GDPR, and Now California Has Just Passed a Similar Regulation

Effective on May 25, 2018, GDPR ushered in new legislation designed to give European Union (EU) residents (data subjects) significantly more control over their personal data. GDPR regulations bring tough, new requirements affecting personal data, consent, privacy, and security.

The catch is that GDPR affects U.S.-based companies of all sizes, even if the U.S. companies don’t have a presence in the EU.  All that’s required for GDPR to regulate your business, is that your business processes personal data of EU data subjects.

Depending on circumstances, you could be regulated by GDPR as a data “controller” if you collect personal data directly from EU data subjects. GDPR may also apply to you as a data “processor” if you receive and process personal data indirectly from a controller, such as for example from your customers.

And you could also be regulated as both as a controller and a processor depending on how you collect and process personal data of EU data subjects.

The big concern regarding GDPR regulation for businesses in Quebec, of all sizes, are the consequences for non-compliance. Controllers and processors that are not GDPR compliant could be liable for administrative fines up to (i) 20 million Euros (approximately $25 million), or (ii) 4 percent of annual gross revenues, whichever is higher. 

Processors are subject to liability to controllers for failure to comply with their contractual obligations to their controllers under the relevant controller-processor agreement, including liability to the controller for the actions or inactions of any sub-processor appointed by the processor.

In addition, individual EU data subjects will be able to take action and claim damages where they have suffered “material or immaterial damage” (i) by controller non-compliance, or (ii) by a processor’s failure to perform its obligations under a controller-processor agreement. In addition, data subjects may file legal claims for damages directly against processors that have breached any lawful instructions by the controller.

And there’s another little-known consequence of non-compliance at this time: the negative public relations effect on your business. Many small businesses are reporting that their customers and prospects are asking if they’re GDPR compliant.

Due to the overwhelming amount of press coverage regarding GDPR and the massive amount of emails from businesses reporting GDPR-compliant privacy policies, your customers know that GDPR compliance is a sign that you’re taking data protection seriously, even if you’re not regulated by GDPR. Failure to embrace GDPR could lead to a critical decrease in trust and confidence in your business.

Bottomline…

Small businesses are at significant risk – both for enforcement actions with significant fines and with the negative public relations image associated with non-compliance – if they don’t understand and take action in response to the critical shift by the FTC and the EU regulators regarding enforcement of data protection regulations.

For small businesses that don’t have the budget for law firms to assist with data protection compliance, the best solution is access to a combination of relevant compliance training and the required compliance documents.

—

Chip Cooper, Esq. is a practicing e-commerce and compliance attorney with the Atlanta law firm of Jones & Haley, P.C. Mr. Cooper is also CEO of FTC Guardian, Inc. (www.ftcguardian.com), #1 in online training for FTC and GDPR compliance.

Here’s How To Make Sure You, Your Quebec Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.