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
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)
The Federal Trade Commission recently announced a proposed a “click to cancel” provision requiring sellers to make it as simple for consumers to cancel their enrollment as it was to enroll.
According to the FTC, if...more
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
On March 15, 2023, the Federal Trade Commission announced that it ordered manufacturing company Anchor Glass Container Corp. to drop noncompete restrictions that it allegedly imposed on its workers.
This marks the fourth...more
When it comes to evaluating false and deceptive advertising, the Federal Trade Commission considers an ad deceptive, in part, if it contains a statement - or omits information – that is likely to mislead consumers acting...more
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
In September 2022, the Federal Trade Commission announced that it had taken action against credit services company Credit Karma for allegedly deploying dark patterns to misrepresent that consumers were “pre-approved” for...more
1/27/2023
/ Consent Order ,
Credit Checks ,
Credit Karma ,
Credit Scores ,
Deceptively Misdescriptive ,
Federal Trade Commission (FTC) ,
Financial Products ,
FTC Act ,
Informed Consent ,
Misrepresentation ,
Personal Information ,
Settlement ,
Unfair or Deceptive Trade Practices
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 Business Opportunity Rule (“Biz Opp Rule”) was first adopted in 2012. It applies to commercial arrangements where a seller solicits a prospective buyer to enter into a new business, the prospective purchaser makes a...more
1/10/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Business Opportunities ,
Buyers ,
Compliance ,
Disclosure Requirements ,
E-Commerce ,
Endorsements ,
Federal Trade Commission (FTC) ,
Investment ,
Penalties ,
Remote Working ,
Risk Assessment ,
Sellers ,
Testimonial Statements ,
Truth in Advertising
In December 2022, the FCC’s Robocall Response Team announced that the Enforcement Bureau has ordered telecommunications companies to stop carrying robocalls related to known student loan scams. Voice service providers must...more
In December 2022, the the Federal Trade Commission published new guidance regarding representations about the benefits and safety of health-related products: Health Products Compliance Guidance. Federal Trade Commission...more
12/23/2022
/ Advertising Substantiation ,
Clinical Trials ,
Compliance ,
Deceptively Misdescriptive ,
Diagnostic Tests ,
Dietary Supplements ,
Disclosure Requirements ,
DSHEA ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Homeopathic Remedies ,
Liability ,
Misleading Statements ,
Mobile Apps ,
New Guidance ,
Over The Counter Drugs (OTC) ,
Safe Harbors
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
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
The Federal Trade Commission recently announced that it has stopped internet phone service provider Vonage from allegedly imposing junk fees and creating obstacles to those that try to cancel their service.
According to the...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
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
9/27/2022
/ Advertising ,
Credibility ,
Deceptive Intent ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Liability ,
Misrepresentation ,
Online Reviews ,
Penalties ,
Proposed Rules ,
Social Media ,
Testimonial Statements
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
9/1/2022
/ Advertising ,
Bureau of Consumer Protection ,
CID ,
Code of Federal Regulations (CFR) ,
Defense Strategies ,
Due Diligence ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Deadlines ,
FOIA ,
Information Technology ,
Investigations ,
Marketing ,
Meet and Confer ,
Rules of Practice ,
SCOTUS ,
Subpoenas ,
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
You received a Civil Investigative (CID) from the Federal Trade Commission related to a consumer protection matter.
Now what?...more
8/5/2022
/ Advertising ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Investigation Demand ,
Competition ,
Digital Platforms ,
Electronically Stored Information ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Marketing ,
Subpoenas ,
Unfair or Deceptive Trade Practices