News & Analysis as of

Unfair or Deceptive Trade Practices Advertising Retailers

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

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Retail Brand

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Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of...more

Troutman Amin LLP

FAST FASHION FAST FILING: Fashion Nova Hit With TCPA DNC Class Action Over Memorial Day Text Messages And it Happens Just That...

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2025 has been the Year of the TCPA Class Action with filings more than doubling from last year. And for those wondering how fast a TCPA class action can turn up, one need only ask Fashion Nova. Fashion Nova, which Wikipedia...more

Buchalter

#Ad – Annoyance or Necessary? The Rising Risk of Undisclosed Influencer Deals

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On April 11, 2025, a class-action lawsuit was filed accusing online fashion retailer Revolve Group Inc. of violating the Florida Deceptive and Unfair Trade Practices Act, the Consumers Legal Remedies Act, the Unfair...more

Fox Rothschild LLP

After Competitor’s Challenge, Nad Recommends Dreo’s Discontinuance Of Claims Of Being The No. 1 Fan And Heater Brand

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Lasko Products, LLC (“Lasko”) and the Hesung Innovation Corp./DREO Limited (“DREO”) are competitors, both specializing in the fan and heater market. Recently, Lasko filed a Fast-Track SWIFT challenge with the National...more

Pierce Atwood LLP

Five Common Legal Pitfalls for Sales Promotions: Avoiding Costly Mistakes

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Now that we’ve entered the holiday season, retailers everywhere are ramping up their promotions, offering discounts, special sales, and even “free” items. But in the frenzy to capture consumers’ attention and generate...more

Cozen O'Connor

The State AG Report – 7.25.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican AGs Submit Comments Opposing Rescheduling...more

Benesch

Pricing Litigation: Ten Years In

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Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more

Sheppard Mullin Richter & Hampton LLP

FTC Increases Scrutiny of Negative Option Marketing

Retailers and service providers should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions,...more

Orrick, Herrington & Sutcliffe LLP

Managing Legal Risk in Marketing and Advertising: 5 Things Companies Should Know

Most companies follow a few key rules to market their offerings: Advertisements should be truthful and should not mislead consumers. Advertisements and the products being marketed should not harm consumers. Advertisers...more

BakerHostetler

AD-ttorneys@law - June 2022 #2

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No More Social Fix for Cali Kids? New state bill targets social media addiction - Vertigo 2.0 - There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more

Hogan Lovells

FTC Issues Preemptive Notices of Penalty Offenses to Advertisers

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On October 13 the US Federal Trade Commission (FTC) sent “Notice of Penalty Offenses” to more than 700 large retailers, advertisers and consumer product companies describing endorsement practices that the FTC has found...more

Cozen O'Connor

The State AG Report Weekly Update May 2018 #4

Cozen O'Connor on

2018 AG Elections- Arkansas and Georgia Primaries Confirm Nominations of Uncontested Candidates- Arkansas and Georgia both held primaries on May 22, 2018, for federal and statewide offices, including state attorney...more

Nelson Mullins Riley & Scarborough LLP

Under New First Circuit Precedent, Deception is Not Actionable Injury under M.G.L. c. 93A, Massachusetts’ Consumer Protection Act

In two recent cases decided by the United States Court of Appeals for the First Circuit, the Court held that consumers cannot make out claims under Massachusetts’ Consumer Protection Act, M.G.L. c. 93A, where the only claimed...more

BCLP

Beware of Phantom Price Markdowns: Ruling Against Hobby Lobby Highlights Risk

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Over the past several years, there has been a rise in class action lawsuits against retailers for allegedly deceptive price comparison advertising. Many of these lawsuits have alleged that retailers advertised “phantom”...more

BCLP

Sale Price Advertising and Fictitious MSRP Litigation

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Section 5 of the Federal Trade Commission Act prohibits retailers from engaging in “unfair or deceptive acts or practices.” Courts consider an advertisement, whether in-store, or on-line, to be deceptive where a retailer: (1)...more

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

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With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

BakerHostetler

Class Certification of California Price Advertisement Case Gives Cause for Concern

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A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to...more

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