On January 13, 2025, the Federal Trade Commission announced that it is seeking comment on proposed changes to the Business Opportunity Rule and a proposed new Earnings Claim Rule. According to the FTC, the two, taken...more
1/17/2025
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Business Opportunity Laws ,
Civil Monetary Penalty ,
Consumer Fraud ,
Consumer Protection Laws ,
Enforcement ,
Federal Trade Commission (FTC) ,
Investigations ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Unfair or Deceptive Trade Practices
Has your company received an FTC warning letter or a penalty offense notice? If so, such correspondence should not be ignored because there is a high likelihood that the FTC is in the process of actively and quickly seeking...more
1/2/2025
/ Advertising ,
Civil Monetary Penalty ,
Code of Conduct ,
Compliance ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Marketing ,
Misleading Statements ,
MLM Industry ,
Penalties ,
VoIP ,
Warning Letters
On October 16, 2024, the Federal Trade Commission announced a final “click-to-cancel” rule that will require sellers to make it as easy for consumers to cancel their enrollment as it was to sign-up. Most of the final rule’s...more
10/21/2024
/ Automatic Renewals ,
Cancellation Rights ,
Civil Monetary Penalty ,
Consent ,
Consumer Contracts ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Final Rules ,
Goods or Services ,
Informed Consent ,
Misleading Statements ,
Misrepresentation ,
Recordkeeping Requirements ,
Redress Payments ,
Subscription Services ,
Terms and Conditions
As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more
10/3/2024
/ Advertising ,
Artificial Intelligence ,
Celebrity Endorsements ,
Civil Monetary Penalty ,
Compensation ,
Compliance ,
Disclosure Requirements ,
Enforcement ,
Fake Reviews ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Misleading Statements ,
Misrepresentation ,
Ratings ,
Social Media ,
Testimonial Statements
On August 30, 2024, the Federal Trade Commission announced that the Department of Justice filed a complaint upon notification and referral from the FTC against a surveillance camera company that allegedly failed to provide...more
9/3/2024
/ CAN-SPAM Act ,
Civil Monetary Penalty ,
Compliance ,
Customer Information ,
Data Collection ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Infectious Diseases ,
Misrepresentation ,
Opt-Outs ,
Personal Information ,
Settlement ,
Surveillance ,
Without Consent
On June 10, 2024, the U.S. Justice Department announced that together with the Federal Trade Commission, it filed an amended complaint against telehealth company Cerebral Inc., Cerebral’s founder and former Chief Executive...more
6/12/2024
/ Civil Monetary Penalty ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Healthcare ,
Misrepresentation ,
PHI ,
ROSCA ,
Sensitive Personal Information ,
Telehealth ,
Telemedicine
The rule gives the FTC stronger tools to combat those that impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking civil penalties -
The Federal Trade Commission’s new rule on...more
On September 1, 2023, an Illinois federal court ruled in the matter of Federal Trade Commission v. Day Pacer LLC, et al. (N.D. Ill. Sept. 1, 2023) that Day Pacer (f/k/a EduTrek) and company executives violated the...more
9/14/2023
/ Antitrust Violations ,
CID ,
Civil Monetary Penalty ,
Consumer Information ,
Do Not Call List ,
Enforcement ,
Federal Trade Commission (FTC) ,
Investigations ,
Lead Generators ,
Partial Summary Judgments ,
Telemarketing ,
Telemarketing Sales Rule ,
Third-Party Service Provider ,
Unconstitutional Condition ,
VoIP
It is no secret amongst digital advertisers and FTC practice defense counsel that the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market,...more
5/1/2023
/ Advertising ,
Amazon ,
Business Opportunity Laws ,
Civil Monetary Penalty ,
Compliance ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
E-Commerce ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investment Management ,
Robocalling ,
Unfair or Deceptive Trade Practices
On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more
4/17/2023
/ Advertising ,
AMG Capital Management LLC v FTC ,
Appeals ,
Civil Monetary Penalty ,
Consent Order ,
Department of Justice (DOJ) ,
Due Process ,
Endorsements ,
Enforcement ,
Equal Protection ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Misleading Statements ,
Misrepresentation ,
SCOTUS ,
Securities and Exchange Commission (SEC)
Advertisers, beware.
On January 13, 2023, the Federal Trade Commission announced that as a result of a Federal Trade Commission lawsuit, investment advice company WealthPress has agreed to a proposed court order that...more
1/17/2023
/ Advertising ,
Civil Monetary Penalty ,
Dot Com Disclosure Guide ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investment ,
Investment Adviser ,
Refunds ,
ROSCA ,
Trading Platforms
The FTC continues to issue Notices of Penalty Offenses concerning FTC Endorsement Guide violations to digital advertisers and marketers, both alone and in conjunction with the issuance of FTC Civil Investigative Demands....more
12/9/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising ,
Civil Monetary Penalty ,
Disclosure Requirements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
FTC Endorsement Guidelines ,
SCOTUS ,
Unfair or Deceptive Trade Practices
A proposed FTC settlement that involves alleged false Made in USA representations and alleged deceptive COVID claims was recently filed by the Department of Justice on the FTC’s behalf against an individual and the two...more
8/15/2022
/ Advertising ,
Civil Monetary Penalty ,
COVID-19 Consumer Data Protection Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Manufacturers ,
Product Labels ,
Product Packaging ,
Warning Letters