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Enforcement Federal Trade Commission (FTC) Penalties

Wiley Rein LLP

With “Click-to-Cancel” Rule Now Vacated by 8th Circuit, What’s Next for FTC?

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The U.S. Court of Appeals for the Eighth Circuit on July 2 issued a decision vacating the Federal Trade Commission’s (FTC) revised Negative Option Rule, which the previous Administration called the “Click to Cancel” Rule....more

Foley & Lardner LLP

Private Equity Investments in Oncology: Top Five Things to Know

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Although private equity (PE) sponsors have been active investors in the health care services industry for the last decade, PE-backed health care providers today constitute only 4% of the United States health market by...more

Foley & Lardner LLP

FTC Finalizes “Click-to-Cancel” Rule 18 October 2024

Foley & Lardner LLP on

The Federal Trade Commission (FTC) has finalized amendments to the Negative Option Rule, now retitled the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs“ (“Rule”), which represents a significant...more

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

BakerHostetler on

Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

Kohrman Jackson & Krantz LLP

To Notice or Not to Notice: Employers Prepare for FTC Non-Compete Rule as September Effective Date Nears

The effective date of the FTC’s Final Rule prohibiting non-compete agreements quickly approaches, yet there is still no definitive resolution as to whether it is constitutional. Nor has there been any preliminary injunction...more

King & Spalding

FTC Announces Final Rule Sweeping Consumer Digital Health Tech Under the Health Breach Notification Rule

King & Spalding on

On April 26, the Federal Trade Commission (FTC) approved its Final Rule revising the Health Breach Notification Rule (HBNR) (“Final Rule”) by a 3-2 vote. The HBNR requires vendors of personal health records (PHR) and related...more

ArentFox Schiff

FTC Proposes Rule to Ban Hidden and Falsely Advertised Fees

ArentFox Schiff on

The Federal Trade Commission (FTC) has proposed a new rule aimed at eliminating certain "hidden" and "junk" fee practices. The FTC said that these fees, which may be undisclosed until late in the transaction process, are...more

ArentFox Schiff

Penalty Offense Authority and the Future of FTC Privacy Law

ArentFox Schiff on

From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States. The states played an important role,...more

Hinch Newman LLP

FTC Updates Endorsement Guides and FAQ Guidance Document While Proposing Rule That Will Impact Influencer Marketing and Digital...

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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

Hinch Newman LLP

Roundup of FTC Consumer Protection Matters of Interest to Digital Advertisers: April 2023

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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

Pillsbury Winthrop Shaw Pittman LLP

Amid the Rise of Greenwashing Litigation, Guidance Due for Updates May Become Law

As companies are increasingly defending against lawsuits over allegedly greenwashed marketing campaigns, federal agencies and the Biden Administration are considering codifying relevant non-binding guidance, currently under...more

Proskauer Rose LLP

Place-Of-Origin Class Actions, FTC Scrutiny May Rise In 2023

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It has been almost 40 years since Bruce Springsteen first famously celebrated being American-made with his hit "Born in the USA." From an advertising industry perspective, this song's lasting popularity is no surprise;...more

Hinch Newman LLP

eCommerce Attorney Tips Regarding Recent Automatic Renewal Law Developments

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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

Foley & Lardner LLP

Colorado Joins Movement to Limit Non-Competes to High Earners

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Coming just a few months after criminalizing the enforcement of illegal non-competes , Colorado has placed further limitations on restrictive covenants. On May 10, 2022, the Colorado legislature passed HB22-1317, narrowing...more

Goodwin

Antitrust Authorities to Prosecute Criminally Anticompetitive Hiring and Compensation Agreements

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The United States federal antitrust authorities announced last week that companies who have in place formal or informal hiring or compensation agreements with competitors may now face criminal prosecution. This is a notable...more

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