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
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
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
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
12/16/2024
/ Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fraud ,
Investigations ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Nominations ,
Non-Compete Agreements ,
Penalties ,
Privacy Laws ,
Regulatory Agenda ,
Telemarketing ,
Telemarketing Sales Rule ,
Trump Administration
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
8/14/2024
/ Artificial Intelligence ,
Compensation ,
Corporate Counsel ,
Deceptive Intent ,
Disclosure Requirements ,
Enforcement Actions ,
Fake Reviews ,
False Advertising ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FTC Act ,
Incentives ,
Misrepresentation ,
Penalties ,
Social Media ,
Solicitation ,
Testimonial Statements
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
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
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
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
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
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