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FTC and New York AG miffed by overbiffing

By Lesley Fair


If you aren’t familiar with the word “overbiffing,” there’s no need to add it to your vocabulary. But if you know what overbiffing is and engage in it, a case just filed by the FTC and the New York Attorney General suggests now would be an excellent time to cut it out
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FTC Seeks Comment on Proposed Rule Implementing Law Providing Free Credit Monitoring for Active Duty Military Consumers The Federal Trade Commission is seeking comment on a proposed rule to implement a 2018 law requiring the nationwide consumer reporting agencies to provide free electronic credit monitoring services for active duty military consumers. The Economic Growth, Regulatory Relief, and Consumer Protection Act, passed earlier this year, mandated that the FTC issue a rule regarding certain requirements of the law. The FTC’s Notice of Proposed Rulemaking (NPRM) proposes a rule that would require the nationwide consumer reporting agencies (CRAs) to provide a free electronic credit monitoring service that would notify active duty military members within 24 hours of any “material” additions or modifications to their credit files. It states that contact information, appropriate proof that the consumer is an active duty member of the military, and proof of the consumer’s identity may be required to take advantage of this service. The proposed rule specifies how military consumers may prove their active duty status, such as providing a copy of their active duty orders. It also sets forth key terms such as “electronic credit monitoring service,” which is defined as a service through which the CRAs provide, at a minimum, electronic notification of material additions or modifications to a consumer’s file. In addition, the proposed rule prohibits the CRAs from requiring active duty military consumers to agree to terms or conditions, or representing that consumers must purchase a product or service in order to obtain the free credit monitoring service. The NPRM seeks comment on these provisions and other aspects of the proposed rule such as: Are the restrictions on secondary uses and disclosures of information collected from an active duty military consumer requesting the credit monitoring service necessary? Are the methods used to verify appropriate proof of active duty military status adequate? Does the definition of “material additions or modifications” adequately cover the changes to a consumer’s file that should require notification?  Is the proposed ban on marketing until after an active duty military consumer who has indicated an interest in obtaining the free credit monitoring service has been enrolled in that service necessary? Does it impose undue burdens on the CRAs? The proposed NPRM will be published in the Federal Register shortly along with instructions on how to submit comments. The deadline for submitting comments is January 7, 2019. The Commission vote to approve publishing the NPRM in the Federal Register was 5-0. FTC and New York Attorney General Sue Operators of Debt Collection Scheme Defendants tricked consumers into agreeing to pay more money than what they allegedly owed The Federal Trade Commission and the New York Attorney General’s Office have sued a New York-based debt collection operation for tricking people into agreeing to pay more money than what they allegedly owed, according to defendants’ own business records. A federal court temporarily halted the operation’s illegal activity and froze its assets at the request of the FTC and NY AG. According to the complaint, the defendants’ employees often completed forms that showed they demanded more money than consumers allegedly owed, also known as “overbiffing” in the debt collection industry. In many cases, according to the complaint, consumers agreed to pay more than what they allegedly owed. The complaint also alleges that employees pretended to work for law enforcement agencies and threatened consumers with arrest. Other collectors falsely claimed to work on behalf of attorneys and told consumers they would face lawsuits if they did not make a payment on an alleged debt. The defendants in the case are six corporations and one individual, Robert Heidenreich, who controls the operation. The corporate defendants are Campbell Capital LLC; Kahl, Heidenreich, and Nemmer LLC; Urban, Heidenreich, Melendez, and Associates, LLC; J & V Receivables LLC; Rich Financial LLC; and BCH & Associates Ltd. The FTC and NY AG allege they violated the FTC Act, the Fair Debt Collection Practices Act, and similar New York State laws. The Commission vote approving the complaint was 5-0. The U.S. District Court for the Western District of New York entered a temporary restraining order in the case on October 26, 2018. NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commissio The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter MedWatch - The FDA Safety Information and Adverse Event Reporting Program A new MedWatch Safety Alert: FDA Warns Against the Use of Many Genetic Tests with Unapproved Claims to Predict Patient Response to Specific Medications: FDA Safety Communication intended for: Patient, Consumer, Health Professional was just added to the FDA Medical Device Safety, Safety Communications Webpage. You can read the complete FDA Safety Communication that includes recommendations at: https://www.fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm624725.htm A new MedWatch Safety Alert: Device Failure Associated with Getinge's Maquet/Datascope Intra-Aortic Balloon Pumps - Letter to Health Care Providers intended for:  Cardiology, Anesthesiology, Critical Care Medicine, Nursing, Biomedical Engineering was just added to the FDA Medical Device Safety, Letters to Health Care Providers Webpage. You can read the complete Letter to Health Care Providers that includes recommendations at: https://www.fda.gov/MedicalDevices/Safety/LetterstoHealthCareProviders/ucm624734.htm A new MedWatch Safety Alert recall: Irbesartan Drug Substance by Aurobindo Pharma Limited: Recall - Due to the Detection of Trace Amounts of NDEA (NNitrosodiethylamine) Impurity Found in the Active Pharmaceutical Ingredient was just added to the FDA Recalls webpage. You can read the complete recall alert at: https://www.fda.gov/Safety/Recalls/ucm624547.htm Sciegen Pharmaceuticals, Inc. Issues Voluntary Nationwide Recall of Irbesartan Tablets, USP 75 Mg, 150 Mg, and 300 Mg Due to The Detection of Trace Amounts of NDEA (N-Nitrosodiethylamine) Impurity Found in The Active Pharmaceutical Ingredient (API) ScieGen Pharmaceuticals, Inc. is voluntarily recalling listed lots, within expiry, of Irbesartan Tablets, USP 75 mg, 150 mg, and 300 mg dosage forms to the consumer level. These products are being recalled due to the presence of an impurity, N-nitrosodiethylamine (NDEA) contained in the API Irbesartan, USP manufactured by Aurobindo Pharma Limited. This impurity, which is a substance that occurs naturally in certain foods, drinking water, air pollution, and industrial processes, has been classified as a probable human carcinogen as per International Agency for Research on Cancer (IARC) To date, Sciegen Pharmaceuticals Inc has not received any reports of adverse events related to this product. Irbesartan tablets, USP are indicated for the treatment of hypertension. It may be used alone or in combination with other antihypertensive agents. Maribel’s Sweets Inc. Allergy Alert on Undeclared Milk Allergens in Chocolate Bars Maribel’s Sweets Inc. of Brooklyn, NY is recalling its 2.82oz MarieBelle Japanese Matcha Japanese Green Tea and White Chocolate Bar, container code 101619, Cacao Market by MarieBelle Rosemary Truffle Salt 60% Dark Chocolate Bar, all container codes, and the Cacao Market by MarieBelle Orange Peels 60% Dark Chocolate Bar, all container codes, because they may contain undeclared milk allergens. Consumers who are allergic to milk allergens may run the risk of serious or life-threatening allergic reactions if they consume this product. The recalled 2.82oz MarieBelle Japanese Matcha Japanese Green Tea and White Chocolate Bar, container code 101619, Cacao Market by MarieBelle Rosemary Truffle Salt 60% Dark Chocolate Bar, all container codes, and the Cacao Market by MarieBelle Orange Peels 60% Dark Chocolate Bar, all container codes have the UPC codes 877708005886 (Cacao Market Japanese Matcha Bar) 877708004803 (Cacao Market Orange Peel Bar) and 877708004841 (Rosemary Truffle Salt Bar). Learn When to Turn Your Clocks Back Within the next few days, you might start hearing the phrase, “spring forward, fall back.” The reason is on November 4 at 2 AM, most of the country will move from Daylight Saving Time (DST) to Standard Time (ST). People use the saying to remember what to do with their non-cell phone clocks and turn them back one hour, but not every region of the U.S. observes this change. If you live in Hawaii, Guam, Puerto Rico, U.S. Virgin Islands, American Samoa and most of Arizona, your clocks will stay the same. For the rest of you, enjoy the extra hour of sleep! Avoid Sneaky Scams, Even After Tax Season Tax season ended months ago, but it's always important to keep an eye out for Internal Revenue Service (IRS) imposter scams. Scammers will call you pretending to be from the IRS to steal your money or personal information. Remember, the IRS will always contact you by mail before calling you about unpaid taxes. And they'll never ask you to use a specific payment method, such as a prepaid debit card. NASA Podcast Explore space from your phone! NASA's new podcast, "The Invisible Network,” can get students interested in space exploration, science, and even history. The six part mini-series told in a narrative storytelling format has something for space enthusiasts, educators, and future astronauts!  Baseball Heroes Help your students learn about America's Pastime with this highly detailed online resource with information about baseball and its All-American heroes. Don’t just teach your kids to throw a wicked curve ball, teach them about the history behind the icons of the game!