In April 2020, when we were all focused on finding masks and hand sanitizer, the Federal Trade Commission (FTC) announced a $9.3 million settlement with Fashion Nova. The agency alleged that the company violated the Mail...more
Yesterday’s sole topic for the monthly public Federal Trade Commission (FTC) meeting was identity theft. That’s it. No policy statements, no votes, no repeal of carefully crafted bipartisan policy documents, just identity...more
FTC Wants Input on Impersonation - COVID-19 era sees flood of fakery, but why? Trendlines - It’s a common theory that the COVID-19 pandemic accelerated changes that were already bubbling beneath the surface of our lives —...more
Last week, the Federal Trade Commission (FTC) released an interesting case against a lead generator (ITMedia) that purportedly collected sensitive information from consumers who were seeking loans and sold that information to...more
Much like an artist looking for a muse, I keep up with consumer protection developments and ponder – is this blog-worthy? Well, the other day, the Federal Trade Commission (FTC) announced the annual updates to its civil...more
I made my last New Year’s resolution 10 years ago in 2012. Technically, it wasn’t a resolution; maybe it was more of a lifestyle choice. I vowed that I would no longer drink the coffee that was sold in the Federal Trade...more
Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked...more
New BakerHostetler Partner Daniel Kaufman shares an insider’s predictions for the FTC....more
Plaintiffs’ Bar Waves Another Maddening Flag at Olé - Repeat of Cali origin case makes New York claims - Qué Pasó? Back in May, we covered a case that raised a bushel of interesting questions about origin claims....more
Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was...more
I used to read a lot of TV show recaps that were touted as “We watch so you don’t have to.” Little did I know that same concept would apply to these new public meetings of the Federal Trade Commission (FTC) and that I would...more
China’s Influencers Suffer Great Leap Backward - The party’s central Internet authority aims to curb rampant celebrity “extravagance” - Oversight, or Overlook? With all the negative attention online culture and social media...more
As many of our readers know, the U.S. Supreme Court decision in AMG dramatically changed things with respect to the ability of the Federal Trade Commission (FTC) to obtain certain monetary remedies. A lot has been written and...more
Kudos to Commissioner Noah Phillips and Commissioner Christine Wilson for creating and/or popularizing the catchiest Federal Trade Commission (FTC or Commission) phrase of 2021 – zombie votes. But what are these zombie votes...more
SDNY: Pepperidge Farm Butter Suit Is Half-Baked - Stalking suit plaintiffs’ counsel is kicked out of the kitchen again - All Publicity Is Good Publicity - As a rule, we don’t mention the names of the law firms involved in the...more
I was a former FTCer for many years, and one issue we would face every few years was how to objectively measure the success (or failure) of a law enforcement agency. It is an important issue that has to be addressed when...more
The latest Federal Trade Commission (FTC or Commission) public meeting was notable for what did not happen – there were no 3-2 votes taken over the strong objections of the Republican commissioners. With former Commissioner...more
Kanye’s Kicks Cos. Clobbered by Cali Code - Yeezy failed to deliver the goods; part of uptick in MITOR attention Gotta Have It - We made a big deal of the Federal Trade Commission’s (FTC) investigation of and actions on late...more
So we have been writing quite a lot about the recent deluge of FTC Notice of Penalty Offense letters. And as we have told you, at their core, the letters are a vehicle that would potentially allow the agency to seek...more
Policy statements are neither rules nor notices of penalty offenses, but when the FTC issues a policy statement discussing an area that has been the subject of a lot of enforcement activity, it warrants serious attention,...more
Split FTC Moves Ahead with Fines - New Nectar Sleep consent order proves the Commish isn’t down for the count - Perchance to Scheme? Nectar Sleep—the upstart mattress manufacturer and daughter company of Resident Home...more
Whether you are old-school and call them Synopses or you use the new, more in-your-face term Notices of Penalty Offenses, the fact is that this tool has dramatically and quickly increased in significance under Chair Lina...more