ICYMI: FTC looks to modernize its guidance on preventing digital deception. As companies wrongly invoke the guide to justify deception, agency seeks public input on possible revisions around #DarkPatterns & other deceptive tactics: bit.ly/3aIT6gK#marketing#advertising
FTC staff is seeking comment on the following:
- use of sponsored and promoted advertising on social media;
- advertising embedded in games and virtual reality and microtargeted advertisements; /2
- ubiquitous use of dark patterns, manipulative user interface designs used on websites and mobile apps, and in digital advertising that pose unique risks to consumers;
- whether current guidance adequately addresses advertising on mobile devices; /3
- whether additional guidance is needed to reflect multi-party selling arrangements involved in online commerce and affiliate marketing arrangements; /4
- how guidance on use of hyperlinks can be strengthened to better protect consumers; and
- adequacy of online disclosures when consumers must navigate multiple webpages; /5
Digital Advertising Business Guidance Request for Information. Submit comments by 8/2/22: regulations.gov/document/FTC-2… /6
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#BREAKING: @FTC launches inquiry into prescription drug middlemen industry. Agency to scrutinize impact of vertically integrated Pharmacy Benefit Managers on the access and affordability of medicine: bit.ly/3mlNH1J#PBMs /1
FTC will launch an inquiry into the prescription drug middleman industry, requiring the 6 largest #PBMs to provide information and records regarding their business practices. /2
Agency will send compulsory orders to CVS Caremark; Express Scripts, Inc.; OptumRx, Inc.; Humana Inc.; Prime Therapeutics LLC; and MedImpact Healthcare Systems, Inc. #PBMs /3
New: FTC sues Intuit for its deceptive Turbotax “free” filing campaign. Commission seeks an immediate halt to Intuit’s deceptive ads for “free” products: bit.ly/3NGDVUm
Commission alleges the company’s ubiquitous advertisements touting their supposedly “free” products—some of which have consisted almost entirely of the word “free” spoken repeatedly—mislead consumers into believing that they can file their taxes for free with TurboTax. /2
Most tax filers can’t use company’s “free” service b/c it is not available to millions of taxpayers, such as those who get a 1099 form for work in gig economy, or those who earn farm income. In 2020, for example, approx. 2/3 of tax filers could not use TurboTax’s free product. /3
Starting soon! @FTC and @JusticeATR will hold the first listening session on the effects of #mergers and acquisitions in food and agriculture markets. More: bit.ly/3Dqh1M7
And...we’re live for the first listening forum on the firsthand effects of #mergers and acquisitions. Today's session is on food and agriculture markets. Watch here: kvgo.com/ftc/doj-merger…#MergerForums
Reminder: @FTC and @JusticeATR seeking public comment on ways to strengthen enforcement against illegal #mergers. Comments due 4/21/22. More: bit.ly/3u2CoyV
FTC charges HomeAdvisor, Inc. with cheating small businesses seeking leads for home improvement projects. Since 2014, Angi affiliate has misrepresented the quality, source of leads, and likelihood they would result in actual jobs, agency alleges
“Gig economy platforms should not use false claims and phony opportunities to prey on workers and small businesses,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection.
“Today’s administrative complaint against HomeAdvisor shows that the FTC will use every tool in its toolbox to combat dishonest commercial practices.” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection.
FTC and @JusticeATR seek to strengthen enforcement against illegal mergers. Agencies launch joint public inquiry aimed at modernizing merger guidelines to better detect and prevent anticompetitive deals: bit.ly/3IfiWEr /1
Recent evidence indicates that many industries across the economy are becoming more concentrated and less competitive – imperiling choice and economic gains for consumers, workers, entrepreneurs, and small businesses. /2
These problems are likely to persist or worsen due to an ongoing merger surge that has more than doubled merger filings from 2020 to 2021. /3
#BREAKING: @FTC today sued Facebook (FB), alleging that the company is illegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conduct: go.usa.gov/xAqQs 1/12
Complaint alleges FB engaged in a systematic strategy—including its 2012 acquisition of Instagram, its 2014 acquisition of WhatsApp and the imposition of anticompetitive conditions on software developers—to eliminate threats to its monopoly: go.usa.gov/xAqQM 2/12
FTC is seeking a perm. injunction in court that could, among other things: req FB to divest assets, incl Instagram & WhatsApp; prohibit FB from imposing anticompetitive conditions on software developers & req. FB to seek prior notice/approval for future mergers/acquisitions 3/12