News & Analysis as of

Retailers Federal Trade Commission (FTC) Enforcement Actions

Kelley Drye & Warren LLP

FTC Warns Manufacturers and Retailers About Made in USA Claims

As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

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FTC Sends Warning Letters Regarding Potential Noncompliance With “Made in USA” Requirements. On July 8, the FTC sent letters to a flagpole retailer, footwear maker, football equipment company, and personal care products...more

McGuireWoods LLP

FTC Signals Continued Enforcement of “Made in USA” Labeling Rule and Guidance

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The Federal Trade Commission was quiet in its role as the Made in USA enforcement authority during the first few months of the Trump administration. But July left little doubt that the current FTC will continue the robust...more

K&L Gates LLP

Uneven Pour: FTC's Robinson-Patman Enforcement Sees Mixed Results as Pepsi Case Goes Flat and Southern Glazer's Orders Another...

K&L Gates LLP on

Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the...more

Fox Rothschild LLP

Using Facial Recognition? Regulators Expect Detailed Risk Assessments

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Following the Federal Trade Commission’s decision in December 2023 to ban Rite Aid from using AI facial recognition, it has become crystal clear that U.S. regulators expect a risk assessment when a retailer uses facial...more

Kelley Drye & Warren LLP

Ad Law News and Views - January/February 2025

If you have been following our blogs, it should be no surprise that the Attorneys General remain focused on combatting Organized Retail Crime (ORC) using available state and federal tools. The Attorneys General of...more

BakerHostetler

Complying with the Mail Order Rule and Satisfaction Guarantees: Poor Customer Service Can Cost Millions

BakerHostetler on

Well, the holidays and big holiday shopping season are behind us, but now we have all of the January clearance sales and upcoming Valentine’s Day shopping. American consumerism rarely takes a rest....more

Benesch

A New Era of Auto-Renewal: A Closer Look at the New FTC and California Requirements

Benesch on

It’s time to revisit automatic renewal compliance. With California amending its Automatic Renewal Law ("ARL") on September 24, 2024, and the Federal Trade Commission (“FTC”) finalizing its “Click-to-Cancel” Rule (“FTC Final...more

Wilson Sonsini Goodrich & Rosati

FTC Files Consumer Protection Complaint Against GOAT

On December 2, 2024, the Federal Trade Commission (FTC) announced it had filed a complaint against GOAT, an online retailer of sneakers, apparel, and accessories. In the complaint, the FTC alleged, among other things, that...more

WilmerHale

FTC Announces Groundbreaking Action Against Rite Aid for Unfair Use of AI

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On December 19, 2023, the Federal Trade Commission (FTC) announced an enforcement action against  the retail pharmacy Rite Aid for unfair practices associated with its use of a facial recognition technology (FRT) surveillance...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Sheppard Mullin Richter & Hampton LLP

A Blast from the Past: FTC Bringing Back Enforcement of Robinson-Patman Act

According to people with knowledge of the matter, the Federal Trade Commission is conducting a preliminary investigation of Coca-Cola and PepsiCo to determine whether their pricing practices in the soft drink market segment...more

Dorsey & Whitney LLP

Dear Online Retailers: The FTC Is Watching How You Handle Customer Reviews

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This week, the FTC finalized an order settling a complaint alleging that an online fashion retailer blocked negative reviews of its products on its e-commerce site. The penalty: a $4.2 Million fine, 10 years of record keeping...more

Perkins Coie

Ad Law Resolutions for 2022

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‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims. Ring in the new year with these top five U.S. advertising and marketing law takeaways. 1....more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - September 2018

ANTICORRUPTION DEVELOPMENTS - Petrobras Settles with U.S. Authorities Over Alleged FCPA Violations - On September 27, 2018, the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)...more

Wilson Sonsini Goodrich & Rosati

FTC Grants Sears’ Petition to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) recently granted a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the scope of...more

Hogan Lovells

Hogan Lovells Represents Sears in Achieving First-Ever Modification to FTC Privacy Consent Order

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The FTC has approved the first-ever petition to reopen and modify a privacy-related consent order. The petition, filed by Sears Holdings Management Corporation, sought to amend the terms of Sears’ 2009 consent order (the...more

Perkins Coie

Top Advertising Law Enforcement Trends for the New Year

Perkins Coie on

This holiday season, brands are ready for bustling sales, special offers and joyful consumers. However, with regulators on the lookout for deceptive practices and plaintiffs’ attorneys ready to file class actions, the...more

Dorsey & Whitney LLP

$283MM in Telemarketing Penalties: The Top 10 Things You Need to Know About the Big Dish Ruling This Week

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On the heels of a crushing $60MM civil judgment in North Carolina two weeks ago, Dish was hit with a staggering $283MM in penalties in an epic ruling by Judge Sue E. Myerscough of the Central District of Illinois this week in...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Deutsche Bank and the DOJ have put the finishing touches on the deal to resolve the investigation into DB’s role in its sale of toxic RMBS. The bank will fork over $7.2 billion in total, including a $3.1 billion civil penalty...more

Mintz

FTC Takes Action Against Retail Tracking Start-Up Nomi Technologies

Mintz on

On Thursday, April 23, the FTC settled deception charges against start-up Nomi Technologies, Inc. related to Nomi’s in-store, sensor-based, tracking technology.1 This is the first FTC enforcement action against emerging...more

WilmerHale

FTC Finalizes First Privacy Settlement Against a Retail Tracking Firm

WilmerHale on

In a first-of-its-kind enforcement action, the Federal Trade Commission (FTC) on Thursday voted along party lines to settle deception allegations against Nomi Technologies (Nomi), a company whose technology allows retailers...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Insights Conversations: Cybersecurity"

This past year has been called the "year of the massive data breach," with many high-profile attacks on well-known companies. Skadden partners Cyrus Amir-Mokri, Patrick Fitzgerald, Marc S. Gerber, Stuart D. Levi and Timothy...more

Ballard Spahr LLP

FTC Brings First ROSCA Enforcement Action

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The Federal Trade Commission (FTC) recently brought its first enforcement action under the Restore Online Shoppers’ Confidence Act (ROSCA) against multiple defendants that the FTC alleges engaged in a common enterprise to...more

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