ViaPath raised concerns with the FCC about calls for the FTC to apply its proposed ban on unfair or deceptive fees to incarcerated people's communications services. In a letter posted Friday in docket 23-62 (see 2310110076), ViaPath said the FTC should clarify that its rule "does not apply to IPCS or IPCS-related fees because IPCS is regulated by and under the exclusive jurisdiction" of the FCC.
The U.S. District Court for the Southern District of Florida ordered Simple Health Plans and its CEO Steven Dorfman to pay $195 million for violating the FTC's telemarketing sales rule, the agency announced in a Friday news release. The scheme included selling "sham health care plans that did not deliver the coverage or benefits they promised and effectively left consumers uninsured and exposed to limitless medical expenses," the agency said. Also fined and banned from engaging in future telemarketing schemes were Health Benefits One, Health Center Management, Innovative Customer Care, Simple Insurance Leads and Senior Benefits One.
The FTC won’t postpone its informal hearing on an NPRM on online consumer reviews and testimonials, despite a request from the Interactive Advertising Bureau, the agency said Wednesday. The hearing is scheduled for Tuesday. IAB requested a 30-day extension, also asking the agency to reconsider its conclusion that “there are no disputed issues of material fact necessary to be resolved at the informal hearing." Agencies generally must provide 15 days’ notice in advance of such a hearing, the FTC said, and it published notice of this informal hearing on Jan. 16, 28 days in advance. In the agency’s NPRM, announced in June 2023, the agency concluded there are no "disputed issues of material fact that need to be resolved at an informal hearing.” The FTC has been “very clear” it wants to avoid exposing issues with the new rules that would block “honest opinion and violate the First Amendment,” said IAB Executive Vice President Lartease Tiffith in a statement Thursday. Just as in an informal hearing on the agency’s negative option rule, an administration judge will decide if the agency has met its burden in this case, said Tiffith: The agency is “underestimating the effects of changes to consumer reviews, and the public should have an opportunity to question its assumptions in front of an administrative judge with decision-making power.”
An ESPN/Warner Bros. Discovery/Fox partnership creating a sports streaming platform is a further nail in the coffin of the traditional video programming bundle, video industry experts say. GlobalData analyst Tammy Parker said Tuesday it is "a blockbuster deal that will further decimate the traditional US pay-TV sector."
The FTC should deny a petition for a right-to-repair rulemaking because the proposal would chill innovation and undermine market-based solutions, tech and telecom groups told the agency in comments due Friday (see 2401040020). U.S. Public Interest Research Group and iFixit filed a petition in November for an FTC rulemaking seeking rules making independent repair easier and more widely available.
Freshfields Bruckhaus announces former FTC Commissioner Christine Wilson as senior adviser-antitrust practice … Porter Wright expands government affairs practice for services related to AI, data privacy and geopolitics, with new principals Raul Alvillar, Neil Simon and Adam Wilczewski, all from Resolute, and Todd Elmer, ex-Blaine Street … Pennsylvania Public Utility Commission promotes Allison Kaster director-chief prosecutor, Bureau of Investigation and Enforcement, succeeding Richard Kanaskie, retired … Colorado’s Governor’s Office of Information Technology hires Jefferson County Chief Information Security Officer Jill Fraser as state’s CISO.
Complying with the FCC's "all-in" video pricing proposal might have to overcome conflicting regulatory regimes among the FCC, FTC and various states, DirecTV said. In a docket 23-203 filing Thursday recapping a meeting with FCC Media Bureau Chief Holly Saurer, DirecTV said possible compliance hiccups include one set of rules requiring what another prohibits and different sets of rules requiring different calculations of all-in prices. The FCC commissioners adopted an all-in video pricing NPRM in June (see 2306200042).
The FTC is “pleased” Amazon and iRobot abandoned their $1.4 billion deal, the agency said Wednesday in a statement (see 2401290044). The FTC’s investigation of the agreement focused on “Amazon’s ability and incentive to favor its own products and disfavor rivals’, and associated effects on innovation, entry barriers, and consumer privacy,” said Associate Director-Merger Analysis Nathan Soderstrom. “The Commission’s investigation revealed significant concerns about the transaction’s potential competitive effects.” The companies cited European enforcers’ opposition to the deal in their announcement.
The U.S. District Court for the Northern District of Illinois, Eastern Division, ordered a telemarketing company and its owners to pay $28.7 million and permanently banned them from participating in or assisting in telemarketing. Day Pacer, EduTrek and the companies' owners, Raymond Fitzgerald, Ian Fitzgerald and David Cumming, "knowingly violated the Telemarketing Sales Rule," the FTC said in a news release Wednesday. The telemarketing scheme included unsolicited vocational and post-secondary education services to about 40 million consumers on the do not call registry. The order said Cumming "died after the parties had fully briefed summary judgment and his Estate has been substituted as a defendant."
The FCC and FTC were upbeat about interagency coordination on reducing robocalls, saying Tuesday that the effort "appears to have had a significant impact in protecting consumers." They cited a "decrease in the volume of apparently illegal robocalls reportedly transmitting the networks" of seven gateway providers that received warnings: Telstar Express, Bandwith, CenturyLink, iDentidad Advertising Development, Tata Communications (America), Telco Connection and TeleCall Telecommunications. FCC Chairwoman Jessica Rosenworcel said in a statement that the effort proves "we are stronger in our efforts to protect American consumers." FTC Chair Lina Khan vowed that the agency will "continue to crack down on upstream actors that facilitate fraud."