As recently blogged about here, in March 2025, Office of the Attorney General for the State of New York introduced the Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act in the State...more
On June 18, 2025, the New York State Attorney General announced that her office stopped an allegedly fraudulent cryptocurrency investment scam that targeted hundreds of Russian-speaking New Yorkers in Brooklyn and across the...more
6/19/2025
/ Advertising ,
Consumer Protection Laws ,
Cryptocurrency ,
Enforcement Actions ,
Financial Crimes ,
Fraud ,
Investigations ,
Investment ,
Investors ,
New York ,
Scams ,
Social Media ,
State Attorneys General
In March 2025, Office of the Attorney General for the State of New York introduced the Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act in the State Senate and State Assembly. The...more
5/27/2025
/ Consumer Lenders ,
Consumer Protection Laws ,
Damages ,
Debt Collection ,
Hidden Fees ,
Mortgage Lenders ,
New Legislation ,
New York ,
Penalties ,
Proposed Legislation ,
State Attorneys General ,
Student Loans ,
Unfair or Deceptive Trade Practices
The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more
5/12/2025
/ Class Action ,
Consent ,
Consumer Protection Laws ,
Do Not Call List ,
Facebook Inc v Duguid ,
FCC ,
Litigation Strategies ,
Prior Express Consent ,
Robocalling ,
SCOTUS ,
Statutory Damages ,
Statutory Interpretation ,
TCPA ,
Telemarketing ,
Text Messages
A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”), without limitation, violated the Consumer Legal Remedies Act and...more
4/21/2025
/ California ,
Class Action ,
CLRA ,
Consumer Protection Laws ,
Damages ,
False Advertising ,
FTC Act ,
Manufacturers ,
Misrepresentation ,
Product Labels ,
Unfair Competition
On March 31, 2025, the White House announced that President Donald J. Trump signed an Executive Order designed “to protect fans from exploitative ticket scalping and bring commonsense reforms to America’s live entertainment...more
On March 10, 2025, the Director of the Federal Trade Commission’s Bureau of Consumer Protection published a blog entry on the FTC’s website entitled “Did your business receive a CID? The FTC means business.”...more
On the eve prior to its effective date, the FCC’s One-to-One Consent Rule that sought to redefine the meaning of "prior express written consent" under the Telephone Consumer Protection Act, was postponed for one year by order...more
1/27/2025
/ Administrative Procedure Act ,
Compliance ,
Consent ,
Consumer Protection Laws ,
Enforcement Actions ,
FCC ,
Prior Express Consent ,
Robocalling ,
Rulemaking Process ,
TCPA ,
Telecommunications
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
On July 2, 2024 the Federal Trade Commission announced that it initiated action against online used car dealer Vroom for allegedly misrepresenting that it thoroughly examined all vehicles before listing them for sale and...more
Generally speaking, investigatory procedures, including use of compulsory process, may be used by Federal Trade Commission (FTC) attorneys in connection with the spectrum of activities that the agency is authorized or...more
5/24/2024
/ Cease and Desist Orders ,
Civil Investigation Demand ,
Compliance ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Law Enforcement ,
Penalties ,
Policies and Procedures ,
Rulemaking Process
On May 15, 2024, the Federal Trade Commission Chair Lina M. Khan appeared before the House Appropriations Subcommittee on Financial Services and General Government to discuss the agency’s FY 2025 budget request and ongoing...more
5/17/2024
/ Antitrust Division ,
Consumer Protection Laws ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Excessive Fees ,
Federal Budget ,
Federal Trade Commission (FTC) ,
FERC ,
Fraud ,
Investment ,
Non-Compete Agreements ,
Pharmaceutical Industry ,
Unfair Competition
On December 11, 2023, the Federal Trade Commission announced that it has obtained proposed orders against the operators of a purported wide-ranging scheme known as “The Sales Mentor” that allegedly made millions by falsely...more
1/2/2024
/ Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Breach ,
Data Security ,
Deceptively Misdescriptive ,
Endorsements ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Personal Data ,
Refunds ,
Telemarketing ,
Testimonial Statements ,
Training
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
In April 2023, the Federal Trade Commission announced a number of consumer protection actions and inquiries involving an important U.S. Supreme Court Ruling regarding the ability of defendants in FTC and SEC actions to raise...more
4/24/2023
/ Administrative Law Judge (ALJ) ,
Advertising Substantiation ,
Automatic Renewals ,
Consumer Protection Laws ,
Counterfeiting ,
Credit Cards ,
Department of Justice (DOJ) ,
Dietary Supplements ,
Disclosure Requirements ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Homeopathic Remedies ,
Investigations ,
Misleading Statements ,
Opioid ,
Over The Counter Drugs (OTC) ,
Penalties ,
Robocalling ,
Rulemaking Process ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Subscription Services ,
Targeted Digital Advertising ,
Telemarketing ,
VoIP
In March 2023, the Federal Trade Commission announced a number of consumer protection actions involving data privacy, COVID health claims, a robocall debt relief pitch scheme, and alleged harmful noncompete restrictions. The...more
3/20/2023
/ Consumer Protection Laws ,
Coronavirus/COVID-19 ,
COVID-19 Consumer Data Protection Act ,
Data Privacy ,
Debt-Relief Industry ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
LGBTQ ,
Mental Health ,
Non-Compete Agreements ,
Penalties ,
PHI ,
Popular ,
Robocalling ,
Social Media ,
Targeted Digital Advertising ,
Telemarketing ,
Telemarketing Sales Rule
February 2023 has been a busy couple of months at the Federal Trade Commission. High-profile consumer protection actions and announcements span a broad spectrum of digital advertising and marketing. From “review hijacking,...more
2/20/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising Substantiation ,
Consumer Protection Laws ,
Data Retention ,
Dietary Supplements ,
Digital Marketplace ,
Enforcement ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Misleading Statements ,
Online Reviews ,
PHI ,
Popular ,
Ratings ,
Settlement ,
Targeted Digital Advertising ,
Third-Party Service Provider
On December 6, 2022, New York Governor Kathy Hochul signed legislation intended to crack down on unwanted telemarketing calls.
Legislation (S.8450-B/A.8319-C) requires telemarketers to give customers the option to...more
For years, the Federal Trade Commission has aggressively enforced the Restore Online Shoppers’ Confidence Act against digital marketers that offer Internet-based automatic renewals and subscriptions. In short, ROSCA requires...more
10/10/2022
/ Automatic Renewals ,
Cancellation Rights ,
CID ,
Consumer Protection Laws ,
Corporate Counsel ,
Deceptively Misdescriptive ,
E-Commerce ,
Enforcement ,
Federal Trade Commission (FTC) ,
Free Trials ,
Good Faith ,
New Guidance ,
Penalties ,
Proposed Legislation ,
ROSCA ,
Subscription Services