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How to Avoid Scrutiny When Advertising or Labeling Made in USA

In 1997, following consumer research and public comments, the FTC published an Enforcement Policy Statement on U.S. Origin Claims to guide marketers and manufacturers that want to make an unqualified Made in USA claim under...more

Primer on New York General Business Law Sections 349 and 350: Deceptive Acts and False Advertising

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

Essential Guide to FTC Made in USA Advertising Do’s and Don’ts | FTC Made in USA Attorney

The Federal Trade Commission recently enacted the Made in USA Labeling Rule and updated its “Complying with the Made in USA Standard” business guidance. Both reinforce the “all or virtually all” standard...more

FTC Announces Another Action Against Alleged eCommerce Business Opportunity Violators

In 2024, FTC compliance lawyer wrote about the first case where the Federal Trade Commission charged a gig work company for allegedly misleading consumers about the money they could make on the company’s platform and...more

New York Attorney General James Freezes $300,000 in Cryptocurrency Linked to Alleged Scammers Targeting New Yorkers

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

The Implications of President Trump’s Live Entertainment Ticketing Executive Order on the Ticketing Market

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

The State of the FTC’s Consumer Protection Agenda Under President Trump

As contemplated in December 2024, the Federal Trade Commission’s operations during the first two months under the second Trump Administration have been chaotic. Unsurprisingly, the policy focus appears to be de-regulation...more

FTC Director of Bureau of Consumer Protection Reminds Consumers that the FTC Means Business When it Comes to Civil Investigative...

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

FCC Postpones Effective Date of TCPA One-to-One Consent Rule Before it is Vacated by the Eleventh Circuit

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

Will the FTC Under President-Elect Trump Reject Novel Liability Theories?

President-elect Donald Trump recently announced that Republican Commissioner Andrew Ferguson will chair the Federal Trade Commission during Mr. Trump’s second administration. Commissioner Ferguson is also a known critic of...more

The FTC and Multi-Party Liability

The FTC often initiates enforcement actions seeking to hold companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. FTC CID and investigation attorney previously...more

FTC Announces Final Rule Banning Fake and False Consumer Reviews and Testimonials

On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more

When a Company Can be Liable to the FTC for Participating with Another Company in Misconduct

The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. For...more

FTC Lawyer on What Marketers Should Know About Endorsement Guide Penalty Offense Notices and CIDs

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

FTC Attorney Tips for Ad Agencies and Review Sites Concerning Proposed Endorsement Guide Rule

The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022. The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more

The Art of Responding to an FTC CID by an FTC CID Lawyer

A Federal Trade Commission Civil Investigative Demand is an administrative subpoena utilized by the Federal Trade Commission (and other regulatory agencies, such as a state Attorney General) to obtain documentary materials...more

FTC Made in USA Lawyer Discusses Latest Agency Enforcement Matter

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

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