This insight was initially published in 2022 and updated in August 2024. The Federal Trade Commission (FTC) has continued to ramp up its investigation and enforcement efforts to address unfair or deceptive acts or practices...more
What’s Happening? The U.S. Federal Trade Commission (FTC) has requested comment on whether to retain, modify or rescind the Green Guides, which were originally issued in 1992 and last revised in 2012. Comments are due April...more
3/2/2023
/ Advertising ,
Corporate Counsel ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
FTC Act ,
Green Guides ,
Green Marketing ,
Greenwashing ,
Marketing ,
Section 5 ,
Sustainability ,
Unfair or Deceptive Trade Practices
Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases that provide it with the opportunity to severely restrict the Federal Trade Commission’s (“FTC’s”) authority to obtain equitable money relief in...more
7/27/2020
/ Certiorari ,
Civil Monetary Penalty ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Misleading Statements ,
Popular ,
SCOTUS ,
Unfair or Deceptive Trade Practices
On August 21, 2019, the U.S. Court of Appeals for the Seventh Circuit held in FTC v. Credit Bureau Center, LLC, 2019 WL 3940917 (7th Cir. 2019) that the Federal Trade Commission (“FTC”) lacks authority to obtain monetary...more
10/4/2019
/ Administrative Authority ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Monetary Penalty ,
Competition ,
Cybersecurity ,
Equitable Relief ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Injunctions ,
Misleading Statements ,
Unfair or Deceptive Trade Practices
In June 2018, medical laboratory LabMD obtained the first-ever court decision overturning a Federal Trade Commission (FTC) cybersecurity enforcement action. (The team directing that effort – led by Doug Meal and Michelle...more
3/14/2019
/ Cease and Desist Orders ,
Corporate Counsel ,
Cybersecurity ,
Data Security ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctive Relief ,
LabMD ,
Popular ,
Remediation
The FTC has long asserted it has the authority to bring actions in federal court to obtain injunctive relief and equitable monetary remedies (e.g. disgorgement, consumer redress) for unfair and deceptive practices....more