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
5/20/2024
/ Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Investigations ,
Lead Generators ,
Liability ,
Marketing ,
Misleading Statements ,
Third-Party Liability ,
Unfair or Deceptive Trade Practices ,
VoIP
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
As previously blogged about, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping...more
Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more
4/16/2024
/ Allstate ,
Class Certification ,
Consent ,
Do Not Call List ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Insurance Industry ,
Joinder ,
Lead Generators ,
Liability ,
Motion for Summary Judgment ,
Regulatory Violations ,
Subcontractors ,
TCPA ,
Telemarketing
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
As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. ...more
3/27/2024
/ Abusive Acts ,
Audits ,
B2B Transactions ,
Compliance ,
Deceptively Misdescriptive ,
Established Business Relationship ,
Federal Trade Commission (FTC) ,
Fraud ,
Lead Generators ,
New Rules ,
Recordkeeping Requirements ,
TCPA ,
Telemarketing ,
Telemarketing Sales Rule ,
Telephone Service Providers ,
Training Requirements
On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more
3/18/2024
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Call Centers ,
Consent ,
Digital Markets Strategy ,
Do Not Call List ,
FCC ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lead Generators ,
Opt-Outs ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more
3/11/2024
/ California ,
Consent ,
Debt-Relief Industry ,
Department of Justice (DOJ) ,
Do Not Call List ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misrepresentation ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Telemarketing Sales Rule
On March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements as a result of developments in technology and...more
3/8/2024
/ Advertising ,
Artificial Intelligence ,
B2B Transactions ,
Do Not Call List ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Final Rules ,
Fraud ,
Global Marketplace ,
Proposed Amendments ,
Proposed Rules ,
Recordkeeping Requirements ,
Robocalling ,
Scams ,
Small Business ,
Technology Sector ,
Telemarketing ,
Telemarketing Sales Rule
On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more
2/26/2024
/ Browser History ,
Comment Period ,
Consent Agreements ,
Corporate Counsel ,
Data Collection ,
Data Selling ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Prior Express Consent ,
Privacy Laws ,
Privacy Policy ,
Public Comment ,
Section 5 ,
Settlement ,
Software ,
Software Developers ,
UK ,
Unfair or Deceptive Trade Practices
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
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
12/29/2023
/ Advertising ,
Advertising to Minors ,
Audio Recording ,
Biometric Information ,
Consent ,
COPPA ,
Data Collection ,
Data Deletion ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Notice of Proposed Rulemaking (NOPR) ,
Notice Requirements ,
Parental Consent ,
Personal Information ,
Proposed Amendments ,
Remedial Actions ,
Third-Party
On November 21, 2023, the Federal Trade Commission announced that it has approved an omnibus resolution authorizing the use of compulsory process in non-public investigations involving products and services that use or claim...more
11/22/2023
/ Artificial Intelligence ,
Civil Investigation Demand ,
Consumer Protection Orders ,
Documentation ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Information Reports ,
Infringement ,
Machine Learning ,
Omnibus Guidance ,
Testimony ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
On October 11, 2023, the Federal Trade Commission announced a new proposed rule to prohibit “junk fees,” which the FTC states are hidden and bogus fees that can harm consumers and undercut honest businesses.
FTC...more
10/16/2023
/ Advertising ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Transportation (DOT) ,
Disclosure Requirements ,
FCC ,
Federal Trade Commission (FTC) ,
Fees ,
Hidden Fees ,
Hotels ,
HUD ,
Price Comparisons ,
Proposed Rules ,
Subscription Services ,
Transparency ,
Utilities Sector
In November 2019, the Federal Trade Commission filed a lawsuit against direct selling wellness company Neora, LLC (f/k/a Nerium International, LLC) and its Chief Executive Officer alleging that the company operates as an...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
The Federal Trade Commission and the U.S. Department of Health and Human Services' Office for Civil Rights are cautioning hospitals and telehealth providers about the privacy and security risks related to the use of online...more
7/31/2023
/ Breach Notification Rule ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
Investigations ,
Mobile Apps ,
OCR ,
PHI ,
Risk Assessment ,
Telehealth ,
Third-Party ,
Tracking Systems ,
Unauthorized Disclosure ,
Websites
The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...more
7/3/2023
/ Advertising ,
AMG Capital Management LLC v FTC ,
Bureau of Consumer Protection ,
Child Safety ,
Disclosure Requirements ,
Endorsements ,
Enforcement ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
Guidance Update ,
Incentives ,
Influencers ,
Investigations ,
New Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
Online Reviews ,
Penalties ,
Proposed Rules ,
SCOTUS ,
Social Media ,
Targeted Digital Advertising ,
Testimonial Statements
As previously blogged about here by FTC defense lawyer, the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell...more
6/19/2023
/ Advertising ,
Business Opportunity Laws ,
Consumer Review Fairness Act (CRFA) ,
Cooling-Off Rule ,
E-Commerce ,
False Advertising ,
Federal Trade Commission (FTC) ,
Frozen Assets ,
FTC Act ,
Investment ,
Marketing ,
Real Estate Investments ,
Remote Working ,
Restraining Orders ,
Sales Promotions ,
Social Media ,
Software ,
Unlawful Practices
On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising.
This follows an FTC announcement in December 2022 that...more
6/5/2023
/ Advertising ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
Marketing ,
Popular ,
Public Comment ,
Recycling ,
Section 5 ,
Unfair or Deceptive Trade Practices
On May 22, 2023, the Federal Trade Commission announced that as a result of a lawsuit filed along with the Utah Division of Consumer Protection, the principals of a Utah-based real estate investment training company will pay...more
In 2018, the Federal Trade Commission announced “Operations Donate with Honor,” as law enforcers united to challenge deceptive fundraising.
At the time, 54 Attorneys General from all 50 states, the District of Columbia,...more
5/15/2023
/ Charitable Donations ,
Charitable Organizations ,
Compliance ,
Enforcement ,
Federal Trade Commission (FTC) ,
Fraud ,
Fundraisers ,
Misrepresentation ,
Sham Transactions ,
Telemarketing ,
Telemarketing Sales Rule
As discussed by ecommerce law attorney Richard B. Newman, here, the FTC’s Deceptive Pricing Guides address different types of pricing representations. These include, without limitation, representations that a current price...more
On May 3, 2023, the FTC announced that it is proposing a blanket prohibition preventing Facebook from monetizing youth data. The Commission alleges that the company violated the 2020 privacy order and now proposes new...more
5/5/2023
/ COPPA ,
Data Collection ,
Data Protection ,
Facebook ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
FTC Act ,
Instagram ,
Personal Information ,
Privacy Laws ,
Social Media ,
WhatsApp
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