most recent ftc general counsel put it, the ftc's proposed rules would do little to promote the cause of privacy. first, it makes no sense to give some companies greater leeway under the law than others when all may have access to the very same personal data. search engines log every query you enter. social networks track every person you've met. online video distribute rz know every show that you stream. and if the fcc burdens one niche of the marketplace with asymmetric regulation, this approach doesn't benefit consumers or the public interest. it simply favors one set of corporate interests over another. second, the fcc's approach strangely singles out new upstarts in the concentrated market for online advertising. as president clinton's chief counsel for privacy and president obama's special assistant for economic policy has recently explained, the ten leading ad selling companies earned over 70% of online advertising dollars and none of them has gained this position based on its role as an isp. he continued, that's because isps have neither comprehensive nor unique access to info

the ftc has jurisdiction over the devices. so, we work in tandem and as recently as yesterday, we put out a series of inquiry is to those who we have responsibility for. they put out a series of inquiries they have responsibility for. they were done on a coordinated basis with us working together like this. that's not an isolated situation. i think that's the kind of reality we will see going forward. we are responsible for networks. they are responsible for edge providers. senator franken: sounds like a model way for regulatory agencies to work together in tandem. >> just a couple more questions. chairwoman ramirez, in your view, how has the ftc's privacy protection regime been sufficient to effectively protect consumer's rights as relates to isp's? chair ramirez: chairman, i think the federal trade commission is done a very effective job in addressing consumer privacy and ensuring that consumer information is appropriately guarded. i have mentioned that links a number of initiatives in this area, as has commissioner ohlhause

most recent ftc general counsel put it, the ftc's for posed rules would do little to promote the cause of privacy. first, it makes no sense to give some companies greater leeway under the law than others when all may have access to the very same personal data. search engines log every query you enter. social networks track every person you've met. online video distributors know every show that you've streamed. and if the fcc burdens one niche of the marketplace with asymmetric regulation, this approach doesn't benefit consumers or the public interest. it simply favors one set of corporate interests over another. second, the fcc's approach strangely singles out new upstarts in the concentrated market for online advertising. as president clinton's chief counsel for privacy and president obama's special assistant for economic policy has recently explained, the ten leading ad selling companies earned over 70% of online advertising dollars and none of them has gained this position based on its role as an isp. he continued, that's because isps have neither comprehensive nor unique access to

on ftc and the fda, right? >> absolutely, senator franken. we have a long history of working very well with a number of different agencies beginning with the fact that we share jurisdiction over competition with the the anti-trust division of the department of justice. we work together with the consumer financial protection bureau. we've worked -- i mentioned in my opening remarks we have an extensive history of working with the fcc including marketing, those are just a few examples. >> this isn't new. you know, because i'm kind of hearing suggestions that the ftc is the prime privacy protection agency and that for this reason we must not take away the authority to regulate broadbrand providers. i'm not suggesting the ftc doesn't play a critical role in protecting consumer privacies. but i guess chairman wheeler, before my time's up, can you talk about the fcc's history, of protecting consumers' privacy and why in your view the fcc is the appropriate agency to regulate the privacy practices of broadband provide

most recent ftc general counsel put it, the ftc's proposed rules would do little to promote the cause of privacy. first, it makes no sense to give some companies greater leeway under the law than others when all may have access to the very same personal data. search engines log every query you enter. social networks track every person you've met. online video distribute rz know every show that you stream. and if the fcc burdens one niche of the marketplace with asymmetric regulation, this approach doesn't benefit consumers or the public interest. it simply favors one set of corporate interests over another. second, the fcc's approach strangely singles out new upstarts in the concentrated market for online advertising. as president clinton's chief counsel for privacy and president obama's special assistant for economic policy has recently explained, the ten leading ad selling companies earned over 70% of online advertising dollars and none of them has gained this position based on its role as an isp. he continued, that's because isps have neither comprehensive nor unique access to info

the ftc report lays out a good framework for today's hearings. i'm interested to hear about the current state of the pet medication industry, how we can improve the market for pet owners as well. i look forward to hearing from our witnesses and i thank you for your testimony. and thank you again chairman burgess for holding this hearing. i yield back. >> gentle lady yields back. and the chair recognizes the gentleman from michigan, mr. upton, five minutes. >> thank you, mr. chairman. yes, this hearing is on pet medication nursing and a look at a large industry that most of us as described already have a very personal connection to. from dogs and cats to guinea pigs, fish, turtles, horses, you name it. millions in michigan and across the country have opened their home to pets of all shapes and sizes. in my personal office, just down the hallway, we've always been a 9:00 to fido office. in fact, all four of my offices today have four-legged critters. and we've done that all of the years on the hill. so today we have gideon, we have a silky terrier,

i appreciate the ftc comes at it from a different standpoint. your background is competition, getting the best price best opportunity for the consumer. that's fair. but that's not what veterinary medicine is about, we are about protecting the health and safety of these animals. to be hops, as ms. brooks pointed out, these so-called complaints, you can't verify who they have come from, or where they come from, my guess is they come from the pet med type of distributors out there where their one single motivation is to make money. i respect that,est this is america, a market system. but they don't have the best interests of the pet at nall their sights. the biggest thing i would raem that the ftc look at if they go on with this is to look at what's the implication of allowing these big national distribution chains to issue prescription medications at liberty? in other words what we find in the veterinary field is you would have a prescription that says 30 days of thyroid medication for your animal, and pet meds will come back and give them 120 day

neutrality order, the ftc would still be doing that. over the last ten years the ftc has brought a number of enforcement actions against broadband providers however none were a result of privacy violations. given that, many wonder what justifies the new proposed rules which are a significant deviation from the ftc's approach and more burdensome as well. there are wide pred concerns that the proposed rules are another step in the fcc's attempt to become the policemen of the internet. these rules will also have a number of problematic consequences. first and foremost, they will impose static regulations on a dynamic and innovative echo system. would we have the same internet today if these prescriptive rules were imposed a decade ago? i'm concerned that we would not. additionally, it's likely that these regulations would only confuse consumers and give them a false sense of security. finally, there are serious legal questions surrounding the proposed rules, in particular, are they consistent with the first amendment? to discuss these issu

let me tell you have the ftc has gone off the rails. if you were at home with an android smartphone and you power up on your wi-fi network, you are using one isp. if you are over a cellular network, you might have another isp. when you are at work and use their wi-fi network, you might be on a third. a coffee break at starbucks, you might be on a fourth. should consumers face a multiplicity of regulations depending on who the isp is? a man not even know who it is. whohey might not even know it is. yet, the ftc is issuing strict regulations to single out isp's as competitive in this space. this does not make sense to me, nor does it make sense to john lieberman, nor does it make sense to a lot of the people who have weighed in on this issue and said we need a uniform set of regulations to apply to everybody, not a single niche of the marketplace. new competitors are trying to pose a competitive threat, some to income of players. let me rosenworcel: build on that. i want to agree with everything. there is some asymmetry. but let's think a

protected in a way that i think generally was widely done by the ftc. have a baseline level of protection that was based on the on fear practice authority and some of the less information that consumers would share based on their authority. that would be my preference. >> lydia, u.s. about the internet of things which is one of the more exciting developments in communication policy as the landscape before us will be large array of information. a large a large that conversation and aries will take place over a spectrum, something something the cable industry has been at the forefront of particularly work the work of the five gigahertz and. i think it going forward they will not be all under the fcc purview but the first is in that spectrum and freeing up more of our airwaves for licensed and unlicensed use to support the internet of things. the second is privacy which my colic has touched on. then we also have to think about security, cyber security with all of that connectivity and finally making sure that we do not exhaust ip address. i think all of th

investors having high hopes the end game with the ftc is near.ll separate fact from fiction next. they found out who's been hacking into our network. who? guess. i don't know, some kids in a basement? you watch too many movies. who? a small business in china. a business? they work nine to five. they take lunch hours. like a job? like a job. we tracked them. how did we do that? we have some new guys defending our network. new guys? well, they're not that new. they've been defending things for a long time. [ digital typewriting ] it's not just security. it's defense. bae systems. >>> we're back. herbalife is in talks with the ftc and have now reached an advanced stage. that news coupled with better than expected earnings are boosting the stock as can you see there. herbalife shares are up 12%. the analyst with pivotal research has a buy rating on the stock with a $90 price target. he is also an herbalife shareholder. tim, welcome back. you've been right on where you think this stock was going to go. you call the update with the ftc positive. how so

ftc officials have been asking questions about google's search presence with another u.s. company that objects to google's practices. the report says the inquiry is in its early information-gathering stage. the ftc looked at something similar with google in 2013 but closed the case without any charges. shares of google's parent company, alphabet, finished off about 1%. >>> well, it is no secret that the relationship between the tech and government sectors of our economy have been strained. today defense secretary ash carter paid a visit to silicon valley hoping to ease those tensions. josh lipton has more from mountain view, california. >> this was secretary ash carter's fourth official trip to the bay area where he acknowledged the tensions between uncle sam and silicon valley. >> there are also tensions, obviously, about how to handle technology in the context of security, privacy, a free internet, but also one that is secure and that is -- contributes to protecting people rather than harming people. that's a difficult thing to engineer. >> perhaps even more difficult no

either by the ftc or by the justice department. think we have a list of several of them, ge, baker hughes, halliburton, pfizer and others, comcast and time juaner, our parent company. why do you suspect that is? is it because the nature of the deals has changed? or the temperament of the regulators has changed? >> i truthfully feel that nature of the deals has changed. one other merger that was -- that also was recently halted is the sysco-u.s. foods merger and the decision just came out yesterday, you know, it was a very large merger involving business supplies and business goods if one case food in, this case office supplies. and the market as it was being defined was in most people's view a clear market that needed to be protected. and that was with respect to business customers. because what happens is when costs go out to businesses, then the costs can get passed on to consumers. so i do think this is a trend we're seeing. they're attempting to be pushed through. i think the parties need to be careful about this process and kn

the ftc in terms of what it requires, it's onerous.y others were just settle -- would have just settled, flat-out. >> every other company caught in similar things did so. there are 60 cases in which the ftc brings these data privacy cases in. it's an extension of a businesses obligation under hipaa. in every other instance, the business did the math and decided it made more sense to settle. carol: he got a second life-changing call that made him realize he had been had. >> he got a call from somebody who worked for the hackers. carol: richard wallace. >> he said i was engaged in taking the data from your company and reaching in through a peer-to-peer network. he said, "that was me. i did that and other instances as part of the campaign." that finally changed the game. without that testimony -- he called him and over a couple of years, he testified to the same things before congress and finally made the same testimony in the ftc court. carol: that was a long track. >> he lost his entire business in the process. carol: a look at how unio

obviously updates on the ftc investigation on herbalife.rms of analysts' expectations it's interesting to see there are very few analysts covering herbalife. so controversial because of this investigation, well known activist investor bill ackman been tearing it down for years. what we can come up here, $109 from reuters on 1.07 billion in revenue. the earnings per share $4.65. we'll watch news corp. and gopro for you, too. >> this is a fascinating company. stay tuned to "after the bell." they'll have the numbers. only a few seconds left before the trade ends and before tomorrow's jobs report, economists say the u.s. added 202,000 jobs in april. how can we expect markets to react if the number comes in unexpectedly higher? lower? let's bring in mark, he has 60 billion in assets for janney and scott. what are the numbers for tomorrow? >> maybe a little light against the consensus figure and the setup by way of the adp report that came out in the middle of this week that reported a number below expectations. seen a little creep in the initial

there are 60 cases in which the ftc brings these data privacy cases in.s an extension of a obligation under hipaa. in every other instance, the business did the math and decided it made more sense to settle. carol: he got a second life-changing call that made him realize he had been had. >> he got a call from somebody who worked for the hackers. carol: richard wallace. >> right. this person said, i was engaged in taking that data from your company, reaching into your network, that was me. i did that in other instances as part of a campaign. that is what he said. that finally changed the story, change the game. without the testimony -- he called him over a series of years and he testified to the same things before congress and a subcommittee, a house subcommittee, and finally made the same testimony in the ftc court. carol: that was a long track. >> he lost his entire business in the process. carol: in this week's industry section, a look at how unions are challenging t-mobile's in-house workers. >> cwa, the communications workers of america, when they sup

i want the ftc to do what it does bet. if they are not doing sufficient work that is for congress to do, not for me to judge. commissioner rosenworcel and i have been working hard. but, beyond unlicensed spectrum and approval of certain devices depending on the circumstances i don't want the commission to have a heavy role. we have assigned ourself certain roles because of our interpretation certain things as my colleague highlighted in the net neutrality. we have statutory authority to do certain things on privacy. now amazing we're data security and cybersecurity, not mentioned in the statute at all. i have deep concerns where this commission is going in terms of exceeding what congress has asked of us. >> guest: when you have rules and regulations and laws they are snapshot in time. when you have regulatory authorities in this process i believe that we have interpreting things based on our current framework. you can not talk about a law that might be 20 or 30 years old and expect for it to anticipate what all we see on

it is being probed by the ftc.e new york post saying the ftc is scheduled to meet regarding a law enforcement matter. they do have a meeting scheduled for 1:00 p.m. tomorrow. .t is closed to the public shares are spiking. cfo sayinges -- the in a conference today that their strategic review to sell the core business that's he says it .s going very well we are watching alibaba in relation to yahoo! as well. this long-standing situation. david: thank you very much. still ahead, how one life coaching pioneer helped form an entire industry. ♪ david: this is "bloomberg market ." if you know anything about are coaching, chances you know martha -- with me is editor ellen pollock. she is very california. ellen: she is extremely well known, the life coach to the life coaches. she makes something like $3.5 million a year. has two full-time staffers. she has a column in the oprah magazine and has written a .est-selling book th she has made a second career training people to do what she's been doing. a $2 billion industry. she

. >>> want to update people on co negotiate with the ftc. no deal has been reached.e ftc, the settlement over the charges that bill ackman leveled could take as long as four weeks. reports are it was imminent, obviously are not true. liz: joe, explain to viewers why the potential jumpin with basf matters for bayer and monsanto. that would be the biggest takeover ever for a german company buying a u.s. company. it's a massive deal, do you think it happens? >> i think it does. we're going to see a lot more m&a before the potential rate hikes go up because financing will be cheaper. we're going to continue to see large deals that happen in all sectors. >> can monsanto say no to this? >> they could. >> don't they have a fiduciary responsibility? if you're the board of monsanto, $122, say they go up to 125. liz: they are certainly not near 122 right now. >> what do you make of herbalife. you noticed interesting activity? >> following unusual call action activity, there is bullish call activity for august and november in herbalife for the last couple of weeks. liz: what do

the ftc has said publicly repeatedly the irs will call you. but now because the irs can hire debt collectors in the irs that collectors can call without consent, that advice from the ftc is no longer available and yet how to people who are receiving scam calls know the difference? and so i can go on, but the problem is tremendous, and it is not a good resolution to our consumers will money to be called more. >> add to that my earlier focus. in our experience growing up and does not distinguish between the type of calls being prohibited, and it was neutral. once you start to carve this out: it almost goes back to the point about looking at these things differently. they are not against offending, and it would go a long way to eliminate the frivolous litigation. a better defense as opposed to an exception. >> you point to arise. i know that often these involve someone moving to trick a victim command if we don't pass the act and/or some kind of strong legislation you think you would see more of this going on. >> i got a little bit numb to it. >>

basically as we reported earlier they were expecting an end to the investigation or concluding the ftc investigation into the business model. if you look at 10 q, the earnings release buried in there is explanation what's going on. number one, they say that investigation is at an advanced stage, it is essentially over. they say the investigation could end in a settlement or some sort of injunctive relief. this is why the stock is jumping. they believe if they reach a conclusion or settlement with the ftc over herbalife's business model, this emanated from bill ackman, the short seller saying this is a pyramid scheme, it makes money by bringing in distributeors and not selling the products. they're saying if they reach a settlement with the ftc and given every clue in the earnings release that it's happening, they're going to pay up to 200 million dollars as the best estimate. that is not a lot of money, that is why the stock is spiking right now, and it's kind of interesting. i thought the stock on a good -- i thought it would go as high as 70. if they're saying they're going to get ou

these thoughts are just my own and not necessarily the thoughts of the ftc. it's a question of cost. the sensors are cheaper. the connectivity is cheaper so we have the ability to have more things than before. so ten years ago, it would have cost $100 it make a smart toaster. what are the extra concerns do we have around that? what are consumers expect out of a smart toaster? one concern is privacy. this device can collect more information about me and transmit information about me. i have young kids. i go through a lot of toast at home. so am i going to start seeing ads for bread on facebook. what sort of information. is that a good thing? i might like u that. the second is and probably the biggest is security. once you connect something to the internet, you have created an attack surface that can be attacked. it can be potentially u really dangerous. are you beginning to agree to service that toaster for the lifetime. are you going to be able to patch it. the third bucket is issue of control. is this still really your toaster? you own the toaster, but do yo

the ftc, for example, looks at the sensitivity of the data and says with regard to health information you should -- it's particularly sensitive, therefore, there's an opt in required. i think it's important to not only look at the sensitivity of the data but then that's the next step. also, the purpose of the data. i think that is where we talk about the proposed rules, it looks at the entirety of the data and what is it being used for. and i'd be happy to go into that a little bit more. >> we'll come back to the two points about not being able to go to somewhere else, and then also the sensitivity of the data, the uniqueness of the data. we can go back to that. can we focus on the mobile ecosystem? that's who your members represent is the mobile and wireless. >> the mobile eco system, as you know, involves a lot of companies who are providing the service, the isp's. one of the companies that provides the connectivity. it isn't always the same isp when you're using the phone. if you think about when you're at home you connect to the home wi-fi and if you're out taking transportation t

the ftc has said publicly repeatedly the irs won't call you because now because the irs can hire debt collectors and because the irs debt collectors can robo call without consent, that advise from the ftc is no longer available and yet, people who are receiving the scam calls know the difference? and so i can go on but the problem is tremendous and it is not a good resolution to allow consumers who owe money to be called more. >> yeah. attorney general zoeller. >> i will add to that. my earlier focus about carving out the exception, we may well have lost the ability to defend the tcpa as a constitutional matter because, again, in our experience going up to the indiana and seventh circuit court of appeals, it was because we did not distinguish between the types of calls being prohibited that it was neutral. once you started to carve this out and i think it almost goes back to the point of looking at these things differently, the very different part about creating a better defense, we are not against defending and i think it would go a long way to eliminate some of the -- let's say the

also to add color the report for politico said they reached out to the ftc but the ftc saying they don'tomment on investigations or even the existence of an investigation. and still we want to call your attention to shares of google because they are one of the biggest tech companies out there and tech an underperforming sector in 2016. we'll see if it stays lower for the rest of the session. back to you conveys. >> thank you dom. let's shift to politics. despite bernie sanders democratic primary victory in west virginia. larry lindsay says the presidential race will come down to hillary clinton versus donald trump. he also believes a win for hillary is also priced into the market. however a according to his new research odds for her are 45%. >> what it could mean for the economy and wall street. welcome to post nine. >> thank you. >> fascinating. says hillary and donald and neck and neck and that is a big change already from previous inception. >> sure and we saw some polls yesterday that said ohio. pennsylvania and florida are tied as well. that is ourceps of t sense of t. the conventio

rather to make sure that consumers are protected in a way that i think generally was wisely done by the ftc. have a baseline level of privacy protection based on the unfair practice authority and a level of less stringent protection for some of the proposals, some of the less sensitive information that consumers would share based on the ftc's deceptive practices authority. that would be my preference to the extent possible. >> guest: sure. well, lydia, you asked about the internet of things which is one of the more exciting developments in communications policy as the landscape before us will include an almost

we were told we had to testify before the ftc. it's pretty intimidating to city testify against the group you're testifying in front of. bob, you write the testimony but john schultz, you deliver it. and john, of course, is older than we were, he was a yale law graduate, very handsome. so i hated him. and so -- but i was supposed to write the testimony, he was supposed to deliver. i started out with this agency has failed to and followed that with this agency has failed to, and this agency has failed to 27 times and then raffl looked at it. he's not going to let it go. he added the last sentence about geritol and tired blood. john is giving me dirty looks while delivering it. he's also, of course, very friendly with the secretary of the personnel director of the agency, very friendly, and we got all the documents that were flying through the ftc during this period and so that's the backdrop for our being coined nader's raiders. it was quite an amusing point of my life. during that period i was a law student. i was involved in the

we were told we had to testify before the ftc.s pretty intimidating to city testify against the group you're testifying in front of. bob, you write the testimony but john schultz, you deliver it. and john, of course, is older than we were, he was a yale law graduate, very handsome. so i hated him. and so -- but i was supposed to write the testimony, he was supposed to deliver. i started out with this agency has failed to and followed that with this agency has failed to, and this agency has failed to 27 times and then raffl looked at it. he's not going to let it go. he added the last sentence about geritol and tired blood. john is giving me dirty looks while delivering it. he's also, of course, very friendly with the secretary of the personnel director of the agency, very friendly, and we got all the documents that were flying through the ftc during this period and so that's the backdrop for our being coined nader's raiders. it was quite an amusing point of my life. during that period i was a law student. i was involved in the real

these thoughts are just my own and not necessarily the thoughts of the ftc. it's a question of cost. the sensors are cheaper. the connectivity is cheaper so we have the ability to have more things than before. so ten years ago, it would have cost $100 it make a smart toaster. what are the extra concerns do we have around that? what are consumers expect out of a smart toaster? one concern is privacy. this device can collect more information about me and transmit information about me. i have young kids. i go through a lot of toast at home. so am i going to start seeing ads for bread on facebook. what sort of information. is that a good thing? i might like u that. the second is and probably the biggest is security. once you connect something to the internet, you have created an attack surface that can be attacked. it can be potentially u really dangerous. are you beginning to agree to service that toaster for the lifetime. are you going to be able to patch it. the third bucket is issue of control. is this still really your toaster? you own the toaster, but do yo

they've updated saying they've progressed with the ftc.here are still some issues open and any remedy would include injunctive relief and a $200 million payment. that's their best estimate. the stock is up 12%. it could be it's viewing that as the skbii ibeginning of the clo >> that's what i was going to ask, guys is. that how this appears. ? go ahead. >> $200 million is not a crippling amount of money. if this is going to close up this line of inquiry, it would probably mean by what you can tell, it doesn't cripple the business model. it doesn't have such remedies or changes where you can say as bill ackman has made the case is at the very core of the business model is these practices that it believes it's not above board. >> i feel like we've been waiting for years for this. >> we literally have. >> to get this behind the company, that in and of itself is a positive. you can understand the reaction to the shares. but i believe it's primary. whatever the reaction is, you don't know. it's tough to chase here. >> again, you don't know the c

talks with the ftc, a settlement of $200 million.a is a stock to watch, analysts expect the health insurance company to post a year-over-year increase in earnings-per-share and revenue results for the most recent quarter. in after-hours trading on expectations of company profit and revenue will rise year-over-year, wall street looking for earnings of $.21 a share on revenue of $1.9 million, and the kentucky derby, and first-quarter earnings last week, the first double-digit decline in company stock since recession 2008. years look at headlines. nicole: a self driving electric taxi. a fleet of self driving chevrolet volt electric taxis on public roads in california within a year, the move is central to the company's joint effort to challenge silicon valley giants to reshape the auto industry and they are testing these rides with real passengers if you logged in. then a drop in canadian oil output. alberta oil sands operations have cut production due to evacuation. how millennials ended a decade-long ride in race finishers coming to an

the ftc has said publicly repeatedly the irs won't call you. but now because the irs can hire debt collectors and because the irs debt collectors can robocall without consent, that advice from the ftc, that is no longer available. yet how do people receiving scam calls know the difference? so i can go on, but i -- the problem is tremendous. >> right. >> and it is not a good resolution to allow consumers who owe money to be called more. >> yes. attorney general zoeller? >> you know, i'll add to that my earlier focus about, you know, in carving out the exception, we may well have lost the ability to defend the tcpa as a constitutional matter because, again, in our experience going up through the indiana and then the seventh circuit court of appeals, it was because we did not distinguish between the types of calls being prohibited that it was neutral. once you've started to carve this out, and i think it almost goes back to the point about looking at these things differently. the very different part about creating a better defense, we're not again

the ftc has said publicly repeatedly the irs won't call you. but now because the irs can hire debt collectors and because the irs debt collectors can robo call without consent, that advice from the ftc is no longer available. yet, how do people who are receiving the scam calls know the difference? and so i can go on. but the problem is tremendous. and it is not a good resolution to allow consumers who owe money to be called more. >> yes. attorney general? >> you know, i'll add to that. my earlier focus about, you know, in carving out the exception, we may well have lost the ability to defend the tcpa as a constitutional matter. because, again, in our experience going up through the indiana and in the seventh circuit court of appeals. it was because we didn't distinguish between the types of calls being prohibited, it was neutral. once you start today carve this out -- i think it almost goes back to the point about looking at these things differently. the very different part about creating a better defense, we're not against defending. and i thi

just this week, the ftc taking one to task. the marketer of mosquito shield bands agreeing to fork over $300,000 company pedaled the band without the science to know if it truly prevents bites. company firing back saying it has data showing it works but that it never claimed to protect against all mosquitoes and that it did not take advantage of consumer concerns for the zika virus. now, in consumer reports releasing its latest test on mosquito repellent clothing. they say they found that the shirts do help protect against mosquitoes but they aren't entirely mosquito proof. >> neither brand of shirt worked as well after it had been washed 25 times. >> reporter: the companies in the tests don't claim you should only use their shirts. ll bean telling abc news, our no-fly zone garments give folks yet another effective choice for battling biting insects and insect borne diseases. insect shield saying it an inexpensive and automatic way to protect from the zika virus. gio benitez, >>> both companies tell abc news the technology is u

the ftc claimed a combined company would violate anti-trust laws.e been falling at both companies. they face stiff competition from amazon, walmart. that's also hurt their stock prices. both companies down more than 30% over the past 12 months. they thought they'd be stronger together, but the ftc focused on contracts with large companies in which staples and office depot were frequently the two top bidders. a merger between the companies was denied in 1997 as well. also watch disney shares this morning. studio doing well, but investors are focusing squarely on the tv business. that's a widely held stock. >> all right. three people killed, two injured in a stabbing rampage that began in a home and ended in a popular shopping mall. we have new details next. i'm going 100 miles per hour. a branch catches me here. you think that stopped me? i was about to be the first 3rd grader to jump the cook county creek. jump 50 feet over the rapids and i crash land. mom patched me up. check out my scar. there's nothing there! you didn't jump the creek! what? now

the judge had ruled that the ftc would quote eliminate competition and likely to lead to higher pricing lower quality. shares of both companies fell pretty hard on the news. there's office depot. down 26%. staples down 10%. >>> back to earnings, toyota with weak record outlook. with a weak yen. it warns as the yen rises it will be less profitably weighing on earnings for the year. share prices down 0.75%. >>> fossil slashing its guidance for the current quarter and year. that watchmaker also blaming currency headwinds. the opposite story for electronic arts posting earnings revenue that came in higher than expectations. nuance communications posting a revenue miss. another big earnings mover, this one to the downside. >>> to the stocks to watch, blue buffalo topping consensus on both fronts. the pet food company highing the lower end to 4.2%. planet fitness gym chain saw revenue rise by more than 8%. it's up 2.9% in the free market. alaska air will replace san disk in the s&p 500. as sandisk is bought by alaska air. >> another one to watch, the federal monthly budget statement, 2:00 p.m

while they meet a giant spokesperson tells us off camera the ftc hinted at a june decision. workers were told the stores could be sold, giant says they don't anticipate any store closures. a half hour later robin and coworkers walk out. >> how did it go? >> nothing. nothing went. it's just he is saying the same thing. they don't know. they can't tell us anything. they can't make things go any faster. they should be giving you answers. that's what family does. >> reporter: now, even though robin says they haven't given her any answers, giant doesn't anticipate closing any stores. this happened when they announced the merger in march and, again, it's the parent company of giant and food lion. the share holders have approved this. we have to wait and see. live in upper marlboro, deborah alfarone, wusa 9. >> we are the list of stores on our wusa 9 app. >>> coming up, hillary clinton brushes off her loss to bernie sanders in the latest primary. >> first, the search for the killer or killers that shot two men to death in prince george county. top. >> most of the showers are tracki

router to make sure that consumers are protected in a way i think generally was widely done by the ftc. have a baseline level of privacy protection based on the unfair trade, unfair practices authority, and a level, less stringent protection for some of the proposals, some of the information consumers which are based on the ftc's deceptive practices story. that would be my preference. >> guest: you asked about the internet of things which is one of the more exciting developments in communications policy as the lansky before us will include sensors that start relaying an infinite amount of pressure that makes us much more efficient and effective with everything we do. and a lot of that covers it in her airways will take place over unlicensed spectrum, something the cable industry has been at the forefront of them to do with his work on the five gigahertz band. i think would forward the internet of things will be for issues, not all of which are under fcc purview, but the first is, that spectrum and freeing up of our airways for licensed and unlicensed use to support the internet of thin

the third thing i would say, and to return to my prior point about ftc v.tandard oil, it happens a lot in the law that we are confronted with a situation like this, where a particular government decision is made. be it an agency order, a district court order that denies a motion to dismiss for lack of subject matter jurisdiction or for failure to state a claim on the merits, and the losing party, the person who disagrees with the order, says i should be able to get immediate review of this because if i don't get immediate review, then even if i'm vindicated at the end of the day, i will be put to substantial burden and expense in the meantime. justice sotomayor: mr. stewart, may i ask you, please don't panic by asking this question. and please don't resist it, because i know all your arguments resisting it. but assuming we disagree with you that that should be appealable, what's the narrowest way to right this that the government would like? mr. stewart: i guess if the if the court ruled against us on the ground that it understood the epa and the corps to h

. >> giant says the ftc told them they should have an answer by june. >>> now over to prince george's county, where some residents say the new trash pickup truck system stinks. the company told residents by robocall and door hangers they pickup schedule to one. some say the rollout has been a mess. >> i still live here. y'all thought i moved or something? >> i don't get a break at work when i roll out something new. >> the spokesperson for the county executive office says with some 160,000 homes, they anticipated some problems. but the complaint rate according to them is about 2%. still, they're working to fix the problems by next week. >>> coming up, the man who went on a shopping mall stabbing spree, just hours before the attack. >> a new warning about zika, especially with all the rain we're getting, officials say it's only a matter of time before cases could increase around here. that's after the break. >> as we head into break, we want to say hello to richard this photo, far and away, the most popular post on the wusa9 facebook page today. head it there to wish him a big happy bi

. >> the ftc says there is a law that says companies that collect information under the age of 13 must disclose they are doing so and they have to state what they intend to do with that information. you have to read the tiny fine print, i'm sure to learn that information. wow. >> spy ware. >> so tomorrow is tomorrow going to be the day we have been hoping for? >> sunshine. >> that annie talked about? but it is not all day. not a perfect day tomorrow but we will see cloud cover early and then the sun late in the afternoon. a nice afternoon around here. right now tracking showers. we have some clouds. temperatures are not too bad for this time of the year. 59 degrees. winds from the north at 12 miles an hour. the north wind helps to keep in cooler air, helps to keep in moisture around here. 59 leesburg, 52 winchester. 60 back to annapolis. we are looking at an okay night tonight. an okay start. the rain should be over by 6:00 a.m. when you are at the bus stop, 7:00 to 8:00, it will be cool. 52 degrees. in the afternoon, much nicer, partly to mostly cloudy skies and much nicer. upper 60s