News & Analysis as of

Unfair or Deceptive Trade Practices Corporate Counsel FTC Act

Troutman Pepper Locke

FTC Orders Match Group to Pay $14M Over Alleged Deceptive Subscription Practices and Guarantee Claims

Troutman Pepper Locke on

On August 12, the Federal Trade Commission (FTC) ordered Match Group, owners and operators of online dating platforms such as Match.com, OkCupid, PlentyOfFish, The League, and others, to pay $14 million. This settlement...more

Bradley Arant Boult Cummings LLP

FTC’s “Click to Cancel” Rule to Simplify Subscription Cancellations Becomes Effective

The final text of the amended Negative Option Rule, featuring the new “Click to Cancel” program, goes into effect this week on Wednesday, January 15, 2025, and should become enforceable approximately four months later on...more

Troutman Pepper Locke

Misleading Artificial Intelligence Claims by Marketer of Website Accessibility Widget Lead to $1 Million FTC Settlement

Troutman Pepper Locke on

On January 3, the Federal Trade Commission (FTC) issued a press release announcing that accessiBe Inc. and accessiBe Ltd. (collectively, accessiBe) agreed to pay $1 million to settle allegations of deceptive advertising...more

Ballard Spahr LLP

The Iliad Flows: Federal Judge Allows FTC “Dark Patterns” Suit Against Amazon to Proceed

Ballard Spahr LLP on

In a lengthy ruling, a Seattle federal judge has allowed the Federal Trade Commission (FTC) to proceed with its groundbreaking case alleging that Amazon’s Prime online subscription marketing tactics constituted deceptive...more

Hinch Newman LLP

FTC Order Will Ban U.K.-Based Software Provider from Selling Browsing Data for Ad Purposes and Require It to Pay $16.5MM Over...

Hinch Newman LLP on

On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more

BakerHostetler

The FTC’s Latest Made in the USA Case Is a Reminder of the Different Ways the Agency Can Still Get Money Post-AMG

BakerHostetler on

The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories....more

BakerHostetler

FTC Issues Warning on Use of Biometric Information

BakerHostetler on

On May 18, 2023, the Federal Trade Commission (FTC) issued a Policy Statement on Biometric Information and Section 5 of the FTC Act (Policy Statement). Section 5 of the FTC Act, 15 U.S.C. § 45, prohibits “unfair or deceptive...more

Faegre Drinker Biddle & Reath LLP

'Greenwashing' Claims Strike Consumer-Facing Companies: How to Avoid the Increasing Threat of Litigation

Consumers are increasingly conscious of how the products they buy impact the environment. Due to this heightened focus on environmental issues, consumer-facing companies frequently highlight the environmentally friendly...more

Orrick, Herrington & Sutcliffe LLP

District Court dismisses FTC’s privacy claims against data broker with leave to amend

On May 4, the U.S. District Court for the District of Ohio issued two separate rulings in a pair of related disputes between the FTC and a data broker. The disputes center around accusations made by the FTC last August that...more

Fenwick & West LLP

“Review Hijacking” to Boost Reviews? Think Again, as the FTC Weighs In

Fenwick & West LLP on

On February 16, 2023, the Federal Trade Commission (FTC) announced an enforcement action against The Bountiful Company (Bountiful) for a practice the FTC dubbed “review hijacking.” Bountiful, a vitamin and supplement company,...more

Orrick, Herrington & Sutcliffe LLP

The FTC's Green Guide Updates: What Companies Need to Know

What’s Happening? The U.S. Federal Trade Commission (FTC) has requested comment on whether to retain, modify or rescind the Green Guides, which were originally issued in 1992 and last revised in 2012. Comments are due April...more

Kelley Drye & Warren LLP

Is the FTC a “Regulator”?  It Sure Seems to be Moving in that Direction  

For the 26+ years I served at the FTC, the agency always described itself as a “law enforcement agency,” not a “regulator.” That’s because the FTC spent most of its resources on enforcing the FTC Act and other laws passed by...more

Wilson Sonsini Goodrich & Rosati

FTC Reinterprets FTC Act to Include Broad Powers Related to “Interlocking Directorates”

In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it...more

Goodwin

Federal Trade Commission Issues Expansive New Policy Statement Regarding Enforcement Powers under Section 5 of the FTC Act

Goodwin on

On November 10, 2022 (following its January 2021 withdrawal of its 2015 policy statement regarding enforcement under Section 5 of the FTC Act), the Federal Trade Commission (“FTC” or “the Commission”) issued a new statement...more

Wiley Rein LLP

FTC Launches Rulemaking on Fee Disclosures and Practices Across Industries

Wiley Rein LLP on

On October 20, 2022, the Federal Trade Commission (FTC) announced the launch of a new rulemaking process to address how fees are charged for goods or services, focusing on potentially “deceptive or unfair” fees that the FTC...more

Bilzin Sumberg

FTC Lawsuit Reveals Fraught Issues Surrounding Sale of Consumer Data

Bilzin Sumberg on

The Federal Trade Commission (“FTC”) on Monday, August 29, 2022, sued Idaho-based Kochava Inc., a data broker, in the United States District Court for the District of Idaho, seeking a permanent injunction and other relief for...more

Sheppard Mullin Richter & Hampton LLP

Court Orders Injunctive Relief Against Tech Company for Deceptive Advertising, Unfair Fee Practices

On August 9, the US District Court of Georgia ruled that the FTC had provided “broad and detailed evidence” for its allegations that a tech company and its CEO engaged in deceptive advertising and unfair fee practices in...more

Wiley Rein LLP

FTC Launches National Privacy Rulemaking

Wiley Rein LLP on

On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more

Katten Muchin Rosenman LLP

FTC Goes on Penalty Offense, Warns of Hefty Fines for Deceptive Advertising - Kattison Avenue | Issue 8

The Federal Trade Commission (FTC) is ramping up enforcement of deceptive advertising with formal notices to new industries, to companies using influencers and by harking back to notices it released more than 50 years ago....more

Wyrick Robbins Yates & Ponton LLP

Buyers Beware: the FTC’s Case Against CafePress Highlights Privacy and Data Security Risks in Corporate Transactions

Last week the Federal Trade Commission announced a privacy and data security enforcement action against the online retail platform CafePress. The allegations in the FTC’s complaint read like a list of worst practices,...more

Sheppard Mullin Richter & Hampton LLP

FTC Order: Auto Marketing Company and Owner Banned From Industry for Misleading Consumers

On January 28, the FTC announced that it banned an automotive marketing company and its owner from the auto industry for the next twenty years for allegedly engaging in unfair and deceptive practices in violation of the FTC...more

Kelley Drye & Warren LLP

Post-AMG Scorecard: The FTC Pivots to Other Statutory Bases for Monetary Relief

The Supreme Court in AMG foreclosed the FTC’s ability to pursue monetary remedies under Section 13(b) of the FTC Act. That, however, AMG has not stopped the FTC from pursuing monetary relief directly in court, while...more

Akin Gump Strauss Hauer & Feld LLP

FTC Unanimously Adopts Right to Repair Policy Statement

On Wednesday, July 21, the Federal Trade Commission (FTC or the “Commission”) unanimously voted to issue a new policy statement to target unlawful right to repair acts or practices that violate competition laws or Section 5...more

Troutman Pepper Locke

FTC to Develop New Group Aimed at Antitrust and Deceptive Practices Rulemaking

Troutman Pepper Locke on

While the debate continues about whether the Federal Trade Commission (FTC) has the authority to make rules governing antitrust or competition law issues, on March 25, Acting FTC Chair Rebecca Kelly Slaughter announced the...more

Orrick, Herrington & Sutcliffe LLP

Pending U.S. Supreme Court Cases May Restrict FTC’s Pursuit of Monetary Relief in Privacy and Cybersecurity Matters

Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases that provide it with the opportunity to severely restrict the Federal Trade Commission’s (“FTC’s”) authority to obtain equitable money relief in...more

40 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide