The U.S. Court of Appeals for the Fifth Circuit on Jan. 27, 2025, vacated the Federal Trade Commission's (FTC) Rule on Combating Auto Retail Scams (CARS Rule) before it could take effect, finding that the FTC failed to follow...more
2/6/2025
/ Administrative Procedure Act ,
Automotive Industry ,
Car Dealerships ,
CARS Rule ,
Enforcement ,
Federal Trade Commission (FTC) ,
Final Rules ,
Rulemaking Process ,
Scams ,
State Attorneys General ,
Unfair or Deceptive Trade Practices ,
Vacated
The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's...more
8/20/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Holland & Knight and Florida State University College of Law hosted an Artificial Intelligence (AI) Summit in Holland & Knight's Washington, D.C., office, on April 2, 2024. Holland & Knight Partner Anthony DiResta and Florida...more
Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more
2/20/2024
/ Advertising ,
Communications Decency Act ,
Endorsements ,
Enforcement ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Online Reviews ,
Proposed Rules ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) has proposed several amendments to the current Negative Option Rule (Rule) that, if enacted, will drastically change how subscription- and membership-based businesses operate. Generally, the...more
Holland & Knight hosted Michael Atleson, a senior attorney for the Federal Trade Commission (FTC or Commission), for a webinar presentation on Nov. 7, 2023. Mr. Atleson has been with the FTC for nearly two decades and...more
11/22/2023
/ Artificial Intelligence ,
Best Practices ,
Biden Administration ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Interagency Agreement ,
Machine Learning ,
Popular ,
Risk Management ,
Section 5
Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.
This Holland & Knight alert...more
4/19/2023
/ Advertising ,
Celebrity Endorsements ,
Consumer Financial Protection Bureau (CFPB) ,
Contests & Promotions ,
Corporate Counsel ,
Enforcement ,
Federal Trade Commission (FTC) ,
Influencers ,
Labeling ,
Made in the USA ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Policies and Procedures ,
Risk Management ,
Social Media ,
Sweepstakes ,
Testimonial Statements
In September 2022, the Consumer Financial Protection Bureau (CFPB) entered into a consent order against a large national bank for charging unfair and abusive overdraft fees. In support of its action, the Bureau noted that...more
When a consumer fails to pay a debt, the creditor may engage in proceedings to collect, which may result in a court issuing a garnishment notice directing a bank to freeze and turn over funds in the consumer's deposit account...more
The Consumer Financial Protection Bureau (CFPB) has once again faced constitutional challenges. On Oct. 19, 2022, the U.S. Court of Appeals for the Fifth Circuit held that the agency's "unique" self-funding scheme is...more