The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Rule Concerning Subscriptions and Other Negative Option Plans (often referred to as the “Click-to-Cancel” rule) on July 8, just days...more
7/9/2025
/ Administrative Procedure Act ,
Appeals ,
Consumer Protection Laws ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Judicial Authority ,
Negative Option Rule ,
Regulatory Authority ,
ROSCA ,
Rulemaking Process ,
Subscription Services ,
Telemarketing Sales Rule ,
Vacated
In a surprising ruling, a federal district court in Arizona has held that the Federal Trade Commission (FTC) cannot prosecute claims under the FTC Act against a nonprofit educational institution.
Late last year, the FTC...more
Late last week, the California attorney general released Frequently Asked Questions regarding California’s “Honest Pricing Law” or “Hidden Fees Statute,” which will take effect July 1, 2024. The law is anticipated to have a...more
Listen to Episode 11 of our podcast, the Ad Law Tool Kit Show. In this episode, former Venable partner Alexandra Megaris talks to host Len Gordon about state attorney general investigations. Check out the episode....more
Tractor maker Kubota North America Corporation will pay a $2 million civil penalty for falsely labeling its replacement parts as “Made in USA,” the largest civil penalty ever in a Federal Trade Commission (FTC) Made in USA...more
1/31/2024
/ Advertising ,
Civil Monetary Penalty ,
Corporate Counsel ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Labeling ,
Made in the USA ,
Manufacturers ,
Product Labels
The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...more
3/1/2023
/ Arbitration ,
Consumer Financial Protection Bureau (CFPB) ,
Contract Terms ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Hyperlink ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Notice Requirements ,
Terms and Conditions ,
Website Design ,
Website Owner Liability ,
Websites
Last week the Federal Trade Commission (FTC) announced it had issued a complaint and proposed consent order against Instant Brands LLC for allegedly marketing products as “Made in the USA,” when they were actually made in...more
Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action.
After being notified that the FTC has begun an...more
12/8/2022
/ Adverse Inference Instructions ,
Civil Investigation Demand ,
Corporate Counsel ,
Criminal Prosecution ,
Discovery ,
Document Retention Policies ,
Electronically Stored Information ,
Failure To Disclose ,
Federal Rules of Civil Procedure ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Obstruction of Justice ,
Sanctions ,
Spoliation ,
Uber
Supply chain disruptions and accompanying inflation for raw materials have challenged many businesses. A recent case involving paint retailer Sherwin-Williams shows how not to deal with these challenges....more
10/28/2022
/ Breach of Contract ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Hidden Fees ,
Material Misrepresentation ,
Misleading Impressions ,
Price Inflation ,
Putative Class Actions ,
Retailers ,
Supply Chain ,
Surcharges ,
Unfair or Deceptive Trade Practices
By a unanimous 5-0 vote, the Federal Trade Commission last week released a staff report that sheds light on the agency’s enforcement positions and priorities regarding digital “dark patterns,” which the FTC defines as...more
Last week, the United States Department of Justice, acting on behalf of the Federal Trade Commission, took action against Twitter, Inc. for allegedly using private account security data to sell targeted advertisements without...more
6/1/2022
/ Advertising ,
Civil Monetary Penalty ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctive Relief ,
Misrepresentation ,
Online Advertisements ,
Swiss Privacy Shield ,
Targeted Digital Advertising ,
Twitter
A lawsuit filed by the CFPB last week against a national credit reporting agency provides some insight into the types of website features and designs that regulators like the Consumer Financial Protection Bureau and Federal...more
This alert provides an overview of U.S. sanctions imposed against Russia in response to its invasion of Ukraine up to and including the issuance of Directive 4 and General License 8A on Monday morning, February 28, 2022, and...more
I’ve never really understood the saying “You can’t have your cake and eat it, too,” but I was reminded of it when I read U.S. District Judge Amy Totenberg’s opinion rejecting the FTC’s efforts to stay or voluntarily dismiss...more
2/9/2022
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Bad Faith ,
Corporate Counsel ,
Daubert Hearing ,
Daubert Standards ,
Due Process ,
Federal Trade Commission (FTC) ,
Litigation Strategies ,
Motion to Dismiss ,
Motions to Stay Proceedings ,
Statute of Limitations ,
Stays