Ftc v gateway exhibits-Deconstructing The FTC's Google Investigation | ParadigmShift Law LLP

Donald S. Facebook settled the case in After parents and minors repeatedly complained about the credit card charges, internal Facebook documents demonstrate the company refused to refund charges and set up a labyrinthine complaint system to deter refund requests. Internal documents also reveal that the company was aware that games on its platform were popular with children as young as five. The practice of charging children for purchases made without parental consent, and often without parental awareness, constitutes an unfair practice under the FTC Act, 15 U.

Respondents marketed Herbal Ecstasy, a dietary supplement product promoted as a natural herbal "high," in media, including the Internet, with large youth audiences. Geocities, Docket No. The settlement bars the use of aliases and bars the defendants from selling, renting or disclosing their customer list. Chris Buck. The Ftc v gateway exhibits also requires ReverseAuction to provide notice to consumers who, as a result of receiving ReverseAuction's spam, registered or will register with ReverseAuction. Icse, Inc. SD Cal January 13, x ! John T.

Older woman n private bedrooms. Much more than documents.

See generally FTC, supra note If you're unhappy with your Gateway purchase, for any reason, you can return the system within 30 days for a full refund. The Court began by pointing to Congress's intent to leave the exjibits of unfair competition "flexible" and "to be defined [by the FTC] with particularity by the myriad of cases from the field of business," and thus to let the FTC " supplement and bolster" the antitrust laws. The court Ftc v gateway exhibits that Wyndham was hacked three times and that its alleged security practices were specifically counseled against by FTC guidance and complaints. Importantly, the Exhibbits provides guidance in parallel with its enforcement activity. This language has left the Exibits vulnerable to challenge based on its scope of authority. In addition, Wyndham Ftc v gateway exhibits to argue that the FTC had not interpreted the FTCA but that the company was still entitled to the fair notice standard designated Digimon jacking off enforcement based on binding agency interpretations. In contrast, fair notice is particularly thorny for the FTC in the data security context. Partconstituted and now constitutes an unfair or deceptive act or practice in violation of Section 5 a 1 of the Federal Trade Commission Act, 15 U. On July 1,Gateway Learning Fgc its rentals of consumer data collected online.

Date: July 22,

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  • Many statutes authorizing regulation by executive agencies were written long before modern computer technology was invented, and even longer before hackers began exploiting weaknesses to access personal information.

Donald S. Facebook settled the case in After parents and minors repeatedly complained about the credit card charges, internal Facebook documents demonstrate the company refused to refund charges and set up a labyrinthine complaint system to deter refund requests.

Internal documents also reveal that the company was aware that games on its platform were popular with children as young as five. The practice of charging children for purchases made without parental consent, and often without parental awareness, constitutes an unfair practice under the FTC Act, 15 U.

Indeed, the FTC and a federal court have already found this type of conduct is unfair. In complaints filed. May 26, , and see Halverson, Nathan. May 26, Given the similarity of the conduct at issue, Facebook users should be entitled to similar relief. Documents demonstrate that Facebook knew that certain games were highly popular with young children, some as young as five years old.

In any event, it certainly indicates actual knowledge of child users on 5 the platform for the purpose of the statute. The need for the FTC to investigate Facebook is not obviated by the settlement agreement 6 reached in the class action suit. First, the class action lawsuit did not address potential COPPA violations and concerned only unfair billing practices. Second, by its terms, the settlement agreement expires in May Without FTC action, Facebook could resume these unfair practices.

Third, the terms of the agreement are insufficient to prevent consumer harm. Also, it. Apple 7 IB v. While this may make the process of seeking a refund easier, it does not assure that parents will actually receive refunds. The settlement agreement does not require Facebook to refund all consumers victimized by its practices, or to issue refunds for any future unauthorized in-app purchases by 9 minors.

Practices are unfair under Section 5 of the FTC Act if 1 they cause or are likely to cause substantial injury to consumers, 2 the injury cannot reasonably be avoided by consumers, and 11 3 the injury is not outweighed by any countervailing benefits to consumers or competition. Facebook deceived consumers for years, and the costs were substantial—for example, in just one three month period, consumers lost 14 hundreds of thousands of dollars they did not intend to spend.

The fact that request rates for refunds were 20 times higher than the usual rate of refund requests demonstrates that consumers did not wish to make these purchases. They and their parents expended untold time and energy attempting to acquire refunds. Some simply gave up as Facebook said the charges were not refundable. Second, it is obvious the consumers could not reasonably avoid these purchases, which appear to have been made largely without knowledge, let alone informed consent.

It is well documented that game developers use persuasive and manipulative design tactics to encourage children to 16 spend money. And even though some Facebook employees proposed tools to help consumers avoid these purchases, Facebook declined to implement them. Facebook employees knew something unusual was going on, and they knew that kids and parents were unaware that these purchases were being made.

But countermeasures, such as requiring credit. Consumers could not avoid these purchases; they could also not even unwind them once they were made. Instead of devoting time and resources to making the purchase experience friendlier 24 to families, Facebook set up automatic systems to reject refunds. Facebook has long maintained 28 that children under 13 may not use its service. For this reason, Facebook has never provided a children's privacy policy; nor does it give any notice or obtain consent from parents for the collection and use of personal information from users under the age of Nonetheless, the unsealed documents show that Facebook was aware that many of the games it offered were popular with children under age 13, and that these games were in fact being played by children under In some cases, a child used a false age to establish 30 31 an account.

In two cases, it appears Facebook closed down an account a child created. This is not the first time Facebook has demonstrated a lack of care towards young people. In , reports surfaced of Australian employees offering marketers 33 the ability to target teens who were feeling low.

Parker, Jr. Judge: Hon. Facebook is enjoined as follows: 18 i. Minors will 19 comply with the California Family Code. Facebook will include language in substantially the following form in its 21 Community Payments Terms applicable to U. Facebook will include language in substantially the following form in the 25 Developer Payments Terms applicable to U.

Facebook will add to its refund request form for In-App Purchases for U. Facebook will implement a dedicated queue within Facebook to address 6 refund requests in In-App Purchases, made by U. The employees staffing the dedicated queue will 8 receive further training regarding how to analyze and process such refund 9 requests in accordance with applicable law.

Subject to regulatory approval in certain states, Facebook will include 11 language similar to the following draft proposal in a the email receipt for 12 transactions for U.

Minors and b refund confirmation emails sent to U. Facebook will emphasize the following language in the Community 17 Payments Terms, by bolding and putting a box around the text, or by a 18 substantially similar method: 19 If you are under the age of eighteen 18 , you may use Facebook Payments only with the involvement of your parent or guardian.

The injunction described above shall be in effect for three 3 years from the Final The claims of I. As part of the Settlement 7 Agreement, I. The incentive award payments to minors 11 J. No withdrawals of principal or 12 interest may be made from the blocked account or accounts without a further written order under 13 this case name and number, signed by a judicial officer, and bearing the seal of this court, until the 14 minor attains the age of 18 years.

When the minor attains the age of 18 years, the depository, 15 without further order of this court, is authorized and directed to pay by check or draft directly to the 16 former minor, upon proper demand, all moneys including interest deposited under this order.

The 17 money on deposit is not subject to escheat. The Court finds that the consideration to be given by Facebook is reasonable 24 and in the best interests of Plaintiffs and the Class, considering the disputed issues, circumstances, 25 and affirmative defenses asserted in the Action, and the potential risks and likelihood of success of 26 pursuing litigation on the merits. Infante of JAMS, support this finding. See In re Bluetooth Headset Prods.

The Court has specifically considered the factors relevant to class settlement 8 approval see, e. See Dkt. The Court now finds that the Class Representatives and Class 18 Counsel will adequately represent the Class for the purposes of entering into and implementing the 19 Settlement Agreement. Accordingly, the Settlement is hereby finally approved in all respects, and the 21 Parties are hereby directed to implement the Settlement Agreement according to its terms and 22 provisions. The Settlement Agreement is hereby incorporated into this Order in full and shall have 23 the full force of an Order of this Court.

Except where otherwise defined herein, all capitalized 24 terms contained herein shall have the meanings assigned to them in the Settlement Agreement. Pursuant to Federal Rule of Civil Procedure 23, direct notice of the Settlement to 26 members of the Class is not required because the Class is certified under Rule 23 b 2 , members of 27 the Class are not releasing any claims, and the Class Representatives can adequately represent 28 absent members without notice.

The Court hereby dismisses the Action on the merits and with prejudice. Upon the Final Settlement Date, the above releases of claims and the Settlement 2 Agreement will be binding on, and will have res judicata and preclusive effect on, all pending and 3 future lawsuits or other proceedings maintained by or on behalf of Plaintiffs. The Parties, without further approval from the Court, are hereby permitted to agree 21 to and to adopt such amendments, modifications, and expansions of the Settlement Agreement and 22 its implementing documents including all exhibits to the Settlement Agreement so long as they 23 are consistent in all material respects with this Order and do not limit the rights of Class members.

Thereby any account that was disabled under UO' s Underage Privacy policy will not be included in this data. These accounts are labeled as NULL and are mixed in with legitimate, non-minor accounts that also are missing the age data for some reason.

This aiiows me to state confidently that the current policy of not refunding for 2. In nearly all cases the parent knew their child was playing Angry Birds, but didn't think the child would be allowed to buy anything without their password or authorization first like in iDS. I think we all agree that it is really Important for Angry Birds to be a success story so if they are really concerned about the refund rate we can increase our focus on their transactions and our processes around them to try and lower their refund rate.

Sara, can we schedule some time to chat with them next week? I would also push them again to pull their refund codes via the API so they can better understand this behavior themselves. Just an update, this looks to all be friendly fraud unauthorized charges made by a child or adult that is known to the cardholder and we haven't seen one case of true fraud.

From first glance the the refund rate is low by order count but higher actual credit amount meaning a handful of high amount orders were refunded. We are digging into the data and should have something to send to Rovio in the next day or two. Just a heads up that we are on the case! Sara, I'd love to hop on a call with their team in the next two weeks to discuss this and some other payments best practices. Also, anything in particular that you see with regard to their refunds that we can help counsel them on?

Have you read the section on Disputes and Chargebacks in our docs? I noticed Insights data was out of date today too. It's normally a couple of days behind, but this seems like a bug. Looking into it on our side. I have a question about Facebook Credits refunds.

This seems quite high to me, but it might just be normal for games on Face book. Can you give us an indication of what the average expected refund rate is on the platform? Is there a way to get data about the reason for the refunds?

Also, I noticed that the Insights data have not been updated for Angry Birds since Tuesday last week, apart from the Credits section. Shouldn't these numbers update the latest 24 hours after 2. And which time zone do you use as a cut-off point for the days? As discussed earlier. Below is non-comprehensive list proposed topics to help us accomplish this goal. Cash accounting- definitions and differences " Credits Insights Overview of existing report.

The settlement bars misrepresentations about how Gateway Learning will use data it collects from consumers. That the written warranty can be obtained free upon specific written request, and the address where such warranty can be obtained. The Court rejected the Fifth Circuit's determination to "decide[] the case on its merits. See generally FTC, supra note See generally Michael D.

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Chenery Corp. See Wyndham , 10 F. Colgate-Palmolive Co. The court affirmed the district court and ruled in favor of the FTC on both questions. The court began by noting that ambiguity and flexibility were purposefully built into the FTCA. Bunte Bros. See id. Agency interpretations of the scope of their authority under their organic statutes are given Chevron deference. See City of Arlington v.

FCC, S. Wyndham had consistently asserted that the FTC had not promulgated any binding interpretation of the statute. The court reasoned that Wyndham was entitled to a comparatively low level of statutory notice because no constitutional rights were implicated and because the statute was civil and regulated economic activity.

Flipside, Hoffman Estates, Inc. The court noted that Wyndham was hacked three times and that its alleged security practices were specifically counseled against by FTC guidance and complaints. Based on these factors, the court rejected the fair notice claim. See LabMD, Inc.

FTC, F. All other previous data security complaints brought by the FTC have been settled. Given the case the court was presented with, its reasoning that Wyndham had fair notice of possible liability was appropriate. This tension will have to be resolved in cases in which the facts and procedural posture do not allow for such a tidy conclusion. Because the court was reviewing a ruling on a Rule 12 b 6 motion to dismiss, it accepted the truth of all factual allegations.

It is unclear from the complaint what remedial steps, if any, Wyndham took after the first breach. According to the complaint, software installed on the Wyndham system in the first attack was used in the second attack. In addition, Wyndham tried to argue that the FTC had not interpreted the FTCA but that the company was still entitled to the fair notice standard designated for enforcement based on binding agency interpretations.

The court contained its inquiry to the statutory language and the lower threshold for notice rather than delving into Chevron analysis or concerns regarding retroactive application of agency interpretations. A primary concern regarding administrative regulation is that agencies will announce interpretations for the first time in adjudication and retroactively penalize companies for noncompliance.

See SEC v. Circuit Administrative Law , 74 N. See generally Michael D. Mason L. See, e. See generally FTC, supra note Using this strategy, the Commission can enforce baseline standards, as it did here, while retaining the intentional flexibility built into its organic statute. See Wyndham , F. Data security is a moving target, with companies constantly using data in new ways and facing myriad potential threats. Although we are told that respondent and three other companies have exclusive exhibition contracts with three-quarters of the theaters in the country that accept advertising, there are no findings indicating how many of these contracts extend beyond the one-year period which the Commission finds not unduly restrictive.

Finally, as for defining "the content of the prohibition of 'unfair methods of competition,' to be applied to widely diverse business practices," Congress did "not entrust[ it] to the Commission for ad hoc determination within the interstices of individualized records, but. In United States v.

That GM represented about half of that market satisfied the Standard Stations case's test of likelihood of competitive harm, and therefore there was sufficient market foreclosure to allow the inference of injury to competition.

While this opinion does not address the MPAS case directly, it has nonetheless been argued that its use of the Standard Stations case in the same way that MPAS uses that case's approach suggests a "coalescence" of legal standards for judging antitrust legality of different vertical integration arrangements.

Philadelphia Nat'l Bank , U. It explained that in both the MPAS and Standard Stations cases the Court based its finding of unlawfulness on the collective, total market foreclosure resulting from the charged company's plus its major competitors' market shares, which it found comparable to the market shares of the case before it:.

In Federal Trade Comm'n v. Motion Picture Adv. Doubtless these cases turned to some extent upon whether "by the nature of the market there is room for newcomers. In FTC v. Brown Shoe Co. In MPAS the government argued that even if there were no Sherman Act violation there was still an FTC Act violation: it said in its brief, "Whether or not these agreements are prohibited by either of these acts it is clearly competent for the Commission to conclude that their effect in the situation here disclosed was unreasonably to restrain competition and to tend to monopoly and that they should, therefore, be prohibited as unfair methods of competition.

In the Brown Shoe case, the Court took the next step. The Court noted that the quoted words would have to be proved to establish a violation of the antitrust laws.

It is. The Court concluded: We hold that the Commission acted well within its authority in declaring the Brown franchise program unfair whether it was completely full blown or not.

In Liu v. Amerco, Inc. Amerco is the parent company of U-Haul, a trunk rental company. U-Haul engaged in what was in substance an attempted price-fixing scheme and the complaint, based on a consent order between the FTC and Amerco, [26] sought damages on behalf of both Liu and a large class of persons who rented U-Haul vehicles for trips to and from Massachusetts during a specified period.

The managers did as their CEO instructed, but "the FTC made no findings as to the consequences of the direct or indirect attempts, concluding that the overtures were unlawful regardless of whether the parties reached and successfully implemented an agreement to collude on prices. Because no federal law clearly provides for damages for an attempt or solicitation to fix prices, Liu sued under Mass. Laws ch. An academic study of contractual and ownership forms of vertical integration of business organizations emphasized the Court's migration of the "collective even though not collusive foreclosure" theory from the Standard Stations requirements contract decision to the MPAS output contract decision.

Testing contracts in their whole business setting is the very essence of the Sherman Act rule of reason. According to that general test, restrictive agreements are banned whenever they are intended to have, or in fact have, a significant anticompetitive effect—this being measured in terms of price, output, or quality of goods.

Thus, in MPAS , it was essential to evaluate the effect of respondents' contracts in their whole business setting in order to determine whether they passed the Sherman Act test. Joseph J. The citations in this article are written in Bluebook style.

From Wikipedia, the free encyclopedia. United States Supreme Court case. Kessler, 69 Yale L.

Kids Groups FTC Letter Investigate Facebook | Settlement (Litigation) | Federal Trade Commission

FTC v. Defendant ran advertisements on America Online, offering a credit repair kit. He represented that purchasers of his credit repair kit could legally establish a new credit file. Martha Clark, Docket No. C final consent June 10, ! Respondent maintained a site on the World Wide Web, offering a credit repair kit.

The FTC alleged she falsely represented that purchasers of her credit repair kit could remove accurate, non-obsolete information from their credit reports. On April 1, , the FTC placed a proposed administrative consent order on the public record for comment.

The consent order became final on June 10, The order requires respondent to cease and desist from making misrepresentations concerning methods of removing adverse information from a credit report.

Brian Coryat, Docket No. Respondent maintained a site on the World Wide Web, offering a credit repair kit and a credit repair agency business opportunity.

The order requires respondent to cease and desist from misrepresenting methods of removing adverse information from a credit report, and concerning the earnings potential of business opportunities. Lyle R. Larson, Docket No. C final consent June 12, ! Respondent: Lyle R. Respondent placed advertisements on the Internet offering a credit repair kit. The FTC alleged he falsely represented that purchasers of his credit repair kit could remove accurate, non-obsolete information from their credit reports, and that they could legally establish a new credit file.

The consent order became final on June 12, The order requires respondent to cease and desist from misrepresenting methods of removing adverse information from a credit report, and the legality of credit repair products. Rick A. Rahim, Docket No. Respondent: Rick A. Respondent placed classified advertisements on America Online and CompuServe, offering a credit repair kit. The FTC alleged he falsely represented that purchasers of his credit repair kit could legally establish a new credit file.

The order requires respondent to cease and desist from misrepresenting the legality of credit repair products. Timothy R. Bean, Docket No. Respondent: Timothy R. Publishing Group. Respondent maintained a World Wide Web site offering a publishing and printing home business opportunity.

The order requires respondent to cease and desist from misrepresenting the earnings potential of business opportunities. Robert Serviss, Docket No. The order requires respondent to cease and desist from misrepresenting earnings potential of business opportunities.

Sherman G. Smith, Docket No. Respondent: Sherman G. Respondent placed classified advertisements on America Online, offering a business opportunity consisting of locating people who are entitled to a refund from the FHA on their mortgage insurance. Randolf D.

Albertson, Docket No. Respondent: Randolf D. The order requires respondent to cease and desist from making misrepresentations in connection with cash grant assistance programs. Brandzel, 96 C. Defendants: Robert A. Brandzel and U. Telemedia, Inc. Defendants offered computer memory chips for sale, posting advertisements in a Usenet newsgroup.

The Court entered a stipulated Preliminary Injunction on March 29, On Sept. The order prohibits defendants from misrepresenting the time within which their merchandise will be shipped, and requires compliance with the Mail Order Rule. Consumer Credit Advocates, 96 Civ. Defendants: Consumer Credit Advocates, P. Petiton; and David B. Defendants posted an advertisement in approximately three thousand Usenet News groups, offering credit repair services.

The FTC alleged defendants falsely represented that they could remove accurate, non-obsolete adverse information from credit reports. The order enjoins defendants from misrepresenting various aspects of their credit repair services, and requires them to make affirmative disclosures to consumers concerning the efficacy of credit repair services. Fortuna Alliance, L.

CM W. Defendants: Fortuna Alliance, L. Grant; and Monique Delgado. Defendants marketed a pyramid investment scheme through a Web site and through word-of-mouth. In addition, defendants encouraged investors to set up their own Web sites in order to propagate the scheme, and provided them with advice and promotional materials to help them do so.

At least 25, consumers paid money into this scheme. On June 10, the Court entered a Preliminary Injunction and held defendants in contempt for failure to comply with the requirement to repatriate assets. On June 27, with the funds still not repatriated, the Court issued civil arrest warrants against three individual defendants whom the FTC served process on in Belize.

On February 24, , the district court entered a stipulated final judgment. The judgment requires defendants to offer full refunds to all Fortuna members. On October 30, , the FTC filed another contempt action against Fortuna and all of the individual defendants except Monique Delgado. Hearings on the contempt action were held on Dec. Overall, 15, consumers from the U. Chappie Infinity Multimedia , No. Defendants: William B. Chappie; Joseph A. Wentz; Quality Marketing Associates, Inc. Defendants promoted a CD-ROM display rack business opportunity at franchise and business opportunity shows, in newspaper advertisements, and through a site on the World Wide Web.

On June 25, , the Court entered an ex parte TRO against the defendants, including an asset freeze and the appointment of a receiver. On Nov. Zygon International, Inc. C consent finalized Sept.

Respondents: Zygon International, Inc. Respondents marketed consumer products such as the "Learning Machine" and the "SuperMind," which purportedly accelerated learning and enabled users to lose weight, quit smoking, increase their I. Respondents advertised through national publications, a mail-order catalog, and a home page on the Internet. The FTC alleged that the respondents lacked substantiation for their product claims. The Mentor Network, Inc. Defendants: The Mentor Network, Inc.

Starting in July , defendants operated an alleged pyramid scheme. On December 4, the parties stipulated to issuance of a preliminary injunction and appointment of a permanent receiver. Following approval by the Commission, the settlement was filed on March 17, and entered by the Court on March 25, Global Assistance Network for Charities, Civ.

Starting in March , defendants allegedly operated a pyramid scheme that purported to raise money for charities. Defendants marketed their program on a Web site as well as through other media. In October , defendants estimated membership at people. On November 14, , the Court issued a preliminary injunction order which extended relief similar to that contained in the TRO for the duration of the action.

Audiotex Connection, Inc. Defendants: Audiotex Connection, Inc. Defendants maintained adult entertainment sites at www. Consumers received telephone bills for calls purported made to Moldova, when those calls actually went only as far as Canada.

The defendants agreed to settle the suit, and the Commission filed an amended complaint and a proposed consent agreement with the Court on November 4,