Susan Ross (US)

Subscribe to all posts by Susan Ross (US)

New PCI requirements for retailers

For retailers that accept credit or debit cards and use service providers, a new version of the PCI Data Security Standards (PCI DSS v3.2) will impose new requirements as of November 1, 2016. The Payment Card Industry (PCI) Security Standards Council issued “clarifications” and “evolving requirements” in the new version. Clarifications are changes to ensure … Continue reading

Update: FTC gets $13.4 million judgment against BlueHippo

  Updating a prior post, on May 2, 2016, the Federal Trade Commission (FTC) announced its receipt of a $13.4 million judgment against the CEO of BlueHippo, after the Second Circuit overturned the district court’s determination that BlueHippo’s damages were limited to $600,000 in 2014. BlueHippo marketed computers and electronics to consumers regardless of their … Continue reading

President Obama signs new online warranty law

President Obama has signed the E-Warranty Act of 2015 (PL 114-51).  The new law amends the federal Magnuson-Moss Warranty Improvements Act (15 USC § 2302(b)) by permitting (not requiring) consumer product warranties to be made available online.  If a consumer product manufacturer elects to make product warranties available online, the manufacturer will be subject to … Continue reading

Don’t tell bloggers about NAD wins

If a company sues a competitor about an advertisement that the company believes is false or misleading about the company’s product, a court victory is frequently cause for a press release, as well as announcements on social media and to bloggers.  When the complaint is made to the National Advertising Division (NAD) of the Council … Continue reading

The FTC & Bitcoin mining computers

On September 18, 2014, a federal trial court in Missouri granted the Federal Trade Commission’s ex parte motion for a temporary restraining order, asset freeze, and appointment of a receiver for Butterfly Labs.  Butterfly Labs made claims on its web site and on social media that its computers enabled consumers to “mine” a type of … Continue reading

FTC and presumption of consumer reliance

Question:  What’s the difference between $600,000 and $14 million in a contempt action?  Answer:  Presumption of consumer reliance, according to the Second Circuit Court of Appeals in Federal Trade Commission v. BlueHippo Funding, LLC. The case began in 2003, when BlueHippo first began marketing computers and electronic products to consumers regardless of their credit history.  … Continue reading
LexBlog