Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
The FTC sent warning letters to 31 companies offering adoption intermediary services, warning them that misleading, unfair, or deceptive practices that harm prospective adoptive or birth parents may violate the FTC Act and...more
The FTC and Florida AG Ashley Moody obtained a temporary restraining order against RivX Automation Corp., and affiliated entities and individuals (collectively, “RivX”) for allegedly making false or unsubstantiated earnings...more
Washington Attorney General (AG) Bob Ferguson prevailed in his lawsuit against a plastic surgery practice, Allure Esthetic, and its owner, Dr. Javad A. Sajan (collectively, the company), alleging violations of the federal...more
Negative online reviews are a concern for many businesses—but they present a unique challenge for healthcare providers, who are restricted by federal and state privacy laws in how to respond. Is the answer to have patients...more
Michigan Attorney General (AG) Dana Nessel filed a lawsuit seeking injunctive relief and dissolution of several limited liability companies owned by John and Michele Church. The Churches’ companies have allegedly violated the...more
On September 9, 2014, then-Governor Jerry Brown of California signed into law Assembly Bill No. 2365. The law, which went into effect in January of 2015, prohibits contracts for the sale or lease of consumer goods from...more
On January 17, the FTC announced two proposed settlements against an independent sales organization and its owners (collectively, “defendants”) for allegedly participating in deceptive and unfair acts and practices. The FTC...more
In recent weeks, class action plaintiffs have brought a new tranche of lawsuits challenging companies’ online terms and conditions. In them, plaintiffs allege that the terms violate California’s law prohibiting contracts for...more
Reviews Can Drive Business - Reviews matter. In a survey conducted by Yelp, 83% of consumers who read reviews say they trust online reviews about local businesses. However, fake reviews may mislead consumers. Recently,...more
The accelerating advances in artificial intelligence (“AI”) and the practical, legal, and policy issues AI creates have exponentially increased the federal government’s interest in AI and its implications. In these weekly...more
A federal court has issued a temporary restraining order against Automators, LLC, its affiliated entities and operators (collectively, “Automators”) in a lawsuit brought by the FTC alleging that these entities and individuals...more
As previously blogged about here by FTC defense lawyer, the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell...more
One of the downsides of working with the public is that sometimes the public will be disappointed with the service you offer. And in this era of the internet, the number one remedy consumers have is to complain about...more
Perhaps a bit cliché (?), but knowledge really is the ultimate gift that gives back – hands down. Consider this thinking in the context of exercise equipment (and media) company Peloton and its now infamous and controversial...more
CRF Payments to ANCs and Their Shareholders Are Not Taxable On January 21, 2022, the Department of the Treasury held a consultation with Alaska Native Corporations on the federal income tax consequences of Coronavirus Relief...more
In this Issue. The Financial Industry Regulatory Authority (FINRA) issued a reminder about chief compliance officer (CCO) supervisory liability under FINRA Rule 3110 (Rule 3110); and the Consumer Financial Protection Bureau...more
The CFPB has issued a compliance bulletin that discusses business practices related to customer reviews that could be considered deceptive or unfair for purposes of the CFPA’s UDAAP prohibition....more
Third-Party Review Services are a Focus- On January 25, the Federal Trade Commission announced that Fashion Nova LLC will be prohibited from suppressing customer reviews of its products and required to pay $4.2 million to...more
Florida AG Ashley Moody sued drinking-water system marketer Wellness Program Services, LLC d/b/a Trusii and related entities and individuals (collectively “Trusii”) over allegations that it used false and misleading health...more
COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services...more
Resolve this new year to avoid advertising mistakes that could result in class actions, regulator enforcement, or competitor claims. Five advertising law takeaways for brand and legal teams to consider for 2020 follow....more
Seyfarth hosted its first “Future of Cosmetics and Personal Care Products" event in its New York office on November 12, 2019. The event brought together industry leaders and Seyfarth attorneys for a timely conversation on the...more