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
For those embroiled in Telephone Consumer Protection Act (TCPA) class action litigation, the sum of the damages may not necessarily equal the whole.
In Wakefield v. ViSalus, Inc., the plaintiff and certified...more
10/26/2022
/ Calculation of Damages ,
Class Action ,
Corporate Counsel ,
Due Process ,
Fifth Amendment ,
Jury Verdicts ,
Prior Express Consent ,
Proportionality ,
Public Interest ,
Reasonableness Factors ,
Statutory Damages ,
TCPA
The FTC’s ears must have been burning. Yesterday, just hours after we finished a webinar discussing the latest developments in the FTC’s push for more rulemaking, the FTC announced an upcoming open meeting where it will...more
On Monday the U.S. Securities and Exchange Commission issued a cease-and-desist order to Kim Kardashian for failing to disclose that she received $250,000 to promote EthereumMax’s digital tokens, “EMAX tokens,” on...more
10/5/2022
/ Cease and Desist Orders ,
Celebrity Endorsements ,
Civil Monetary Penalty ,
Class Action ,
Cryptoassets ,
Disclosure Requirements ,
Disgorgement ,
Endorsements ,
Ethereum ,
Failure To Disclose ,
FTC Endorsement Guidelines ,
Kim Kardashian ,
Prejudgment Interest ,
Real Estate Investments ,
Securities ,
Securities Fraud ,
Stock Promoters ,
Testimonial Statements
The FTC is undertaking a historic effort to draft new rules that will impact every facet of the national economy. Many companies and legal scholars are questioning the FTC’s authority to draft certain of the broad rules it...more
The buzz around gig economy protections continued as the Federal Trade Commission took yet another action to safeguard gig workers. Last week, the FTC adopted a policy statement asserting its authority to address...more
We recently discussed the various ways in which the Federal Trade Commission is focusing on worker protections in the gig economy. Though we didn’t have a crystal ball to foresee it, the FTC announced that it is furthering...more
7/21/2022
/ Biden Administration ,
Data-Sharing ,
Divestiture ,
Enforcement Priorities ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Gig Economy ,
Labor Shortage ,
Memorandum of Understanding ,
Mergers ,
NLRB ,
Unfair Competition ,
Unfair Labor Practices ,
Worker Protection Standard
The FTC is off to the races with another proposed rulemaking. On June 23, the FTC, by a 4-1 vote, issued a notice of proposed rulemaking (NPR) to combat what it perceives as “junk fees” and “bait-and-switch advertising...more
7/6/2022
/ Advertising ,
Automotive Industry ,
Automotive Loans ,
Car Dealerships ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Magnuson-Moss Act ,
Marketing ,
Proposed Rules ,
Rulemaking Process ,
Warranties
Yesterday, the Federal Trade Commission (FTC) moved to dismiss its long-running enforcement action against Electronic Payment Solutions (EPS) pending in the District of Arizona after the Commission voted 4-0 to approve a...more
The FTC held its most recent open meeting on Thursday, and two major topics were front and center: potential changes to the Telemarketing Sales Rule (TSR) and a congressional fix to Section 13(b) after the one-year...more
Last month, love was not all lost for the owner of Tinder and OKCupid when a Texas federal district court in FTC v. Match Group, Inc. granted in part the online dating service provider’s motion to dismiss. Specifically, the...more
On Friday, March 11, the Federal Trade Commission (FTC) filed an administrative complaint against HomeAdvisor, Inc., charging it with using deceptive and misleading tactics to sell leads for home improvement projects to small...more
The latest edition of the FTC’s recent practice of holding open meetings brings a potential rule regarding earnings claims to the forefront. During the FTC’s open meeting, the Commission unanimously approved issuing an...more
As the rest of us prepared for the Super Bowl by buying avocados to make guacamole, installing new big-screen TVs, and donning Ram/Bengal-themed face paint, select corners of corporate America are preparing for the biggest...more
If you had asked us last week, we would have predicted that the Supreme Court’s momentous AMG Capital Management, LLC v. FTC decision last year, in which the Court struck down the Federal Trade Commission’s nearly 50-year...more
1/27/2022
/ Administrative Authority ,
Administrative Procedure ,
Antitrust Investigations ,
Certiorari ,
Constitutional Challenges ,
Due Process ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Judicial Review ,
Jurisdiction ,
SCOTUS
Last week, the Federal Trade Commission (FTC) announced that it agreed to settle claims against Dun & Bradstreet (D&B), a business credit reporting agency engaged in deceptive and unfair practices with small and mid-sized...more