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Marketing Unfair or Deceptive Trade Practices

Moritt Hock & Hamroff LLP

FTC’s Final ‘Click to Cancel’ Rule on Negative Option Programs: What You Need to Know

On October 16, 2024, the Federal Trade Commission (FTC) announced its Final Rule revising its Negative Option Rule, now known as the Rule Concerning Recurring Subscriptions and Other Negative Option Programs (the Rule). The...more

Morrison & Foerster LLP - Social Media

Lawrence W. Gallick On Toth V. Everly Well, Inc.

On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case...more

K&L Gates LLP

Click-to-Cancel: FTC's Final Rule Will Change the Subscription Landscape Across Industries

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In an era where subscriptions are just a click away, getting out of them often frustrates consumers. Responding to that frustration, the Federal Trade Commission (FTC) revised its existing Negative Option Rule, now retitled...more

Troutman Pepper

Lawsuit Filed Challenging FTC’s Final Negative Option Rule

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Earlier this week, we discussed the Federal Trade Commission’s (FTC) final amendments to the Negative Option Rule, now retitled the Rule Concerning Recurring Subscriptions and Other Negative Option Programs. These amendments,...more

Alston & Bird

FTC Issues Final Rule on Fake Reviews and Testimonials

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Our Consumer Protection/FTC Team breaks down the newly effective Federal Trade Commission final rule prohibiting misleading online reviews....more

Ballard Spahr LLP

FTC issues final click to cancel rule to make it easier for consumers to cancel enrollment in negative option programs

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On October 16, the FTC issued its final amendments to the Negative Option Rule, which now applies to all negative option programs and includes a “click to cancel” provision intended to make it easier for consumers to cancel...more

Troutman Pepper

Company Enters $10M Settlement to Resolve Deceptive Advertising Claims

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Illinois Attorney General (AG) Kwame Raoul entered a settlement with Teleperformance Colombia SAS, TPUSA Inc., and Teleperformance SE (collectively, Teleperformance). The agreement resolves allegations that Teleperformance...more

Troutman Pepper

FTC Finalizes Amendments to Negative Option Rule

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In March 2023, we discussed the Federal Trade Commission’s (FTC) Notice of Proposed Rulemaking (NPRM) aimed at making it easier for consumers to cancel recurring subscriptions and memberships. The proposed rule was part of...more

Cozen O'Connor

Connecticut Continues Streak of Solar Settlements

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Connecticut AG William Tong has reached a settlement with Vision Solar, LLC to resolve allegations that the company violated the Connecticut Unfair Trade Practices Act through its marketing, sales, permitting, and...more

Cozen O'Connor

New FTC Rule Makes Cancelling Negative Option Plans Easier

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The FTC has finalized a new “Click-to-Cancel” rule to protect consumers from unfair or deceptive practices when seeking to cancel their enrollment in subscription services, memberships, and other recurring-payment programs....more

Fenwick & West LLP

FTC Announces the Final 'Click-to-Cancel' Rule for Subscriptions

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The Federal Trade Commission has announced the final "click-to-cancel" rule, which is designed to ensure that consumers can cancel subscriptions as easily as they signed up for them. This rule covers most negative option...more

Morgan Lewis

FTC Moves to Expand AI Deployment Oversight with ‘Operation AI Comply’

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The Federal Trade Commission (FTC) on September 25, 2024 announced Operation AI Comply, targeting what the agency has characterized as the use of artificial intelligence (AI) “to supercharge deceptive or unfair conduct that...more

Dechert LLP

Dechert Cyber Bits - Issue 63

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FTC Staff Report on Social Media Platforms’ Privacy and Security Practices - On September 19, 2024, the Federal Trade Commission (“FTC” or the “Commission”) announced the release of its staff report, “A Look Behind the...more

WilmerHale

FTC Finalizes Rule Banning Fake Reviews and Testimonials & Touts New Rule at Open Commission Meeting

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The Federal Trade Commission (the FTC or the Commission) voted on August 14 to approve its Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (Final Rule). The Final Rule, which will be effective on October...more

Cozen O'Connor

The State AG Report – 10.03.2024

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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: •New California Law Gives Teeth to Flavored Tobacco Ban - ...more

Cozen O'Connor

Minnesota Sues over Real Estate Agreements

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Minnesota AG Keith Ellison sued MV Realty PBC, LLC, MV Realty of Minnesota, LLC, and their individual founder (“collectively, “MV Realty”), alleging that the companies deceptively marketed real estate agreements containing...more

Wiley Rein LLP

Wiley Consumer Protection Download (October 2, 2024)

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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

Manatt, Phelps & Phillips, LLP

Texas Attorney General Settles Deceptive Marketing Allegations Against Health Care AI Company

On September 18, 2024, the Texas Attorney General announced a settlement with Pieces Technologies, a Dallas-based artificial intelligence technology company that markets its software to hospitals and other health care...more

BakerHostetler

FTC Releases Staff Report on Multi-Level Marketing Income Disclosures

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The staff of the Federal Trade Commission (FTC) recently issued a report that contains the staff’s findings from its review of disclosure statements from 70 multi-level marketers (MLMs). The report is just the latest in a...more

Baker Donelson

AI Firm Reaches Settlement With Texas Attorney General Over Misleading Accuracy Claims

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Texas Attorney General, Ken Paxton, (the Attorney General) announced on September 19, 2024, a landmark settlement with Pieces Technologies (Pieces) over allegations of false and misleading claims about the capabilities of its...more

Holland & Knight LLP

Novel Settlement Reached in Generative AI Deceptive Trade Practices Healthcare Investigation

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The state of Texas, by and through its Attorney General Ken Paxton, reached a first-of-its-kind settlement agreement with Pieces Technologies Inc. (Pieces) following an investigation into Pieces' alleged violations of the...more

Cozen O'Connor

D.C. AG Settles with Home Flipping Company That Allegedly Took Advantage of Homeowners

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District of Columbia AG Brian Schwalb settled with Curbio, Inc., to resolve allegations that it deceptively marketed and sold contracts for pre-sale home improvements in violation of the District’s consumer protection laws....more

BCLP

Part 6: What the FTC’s Final Rule on Reviews and Testimonials Means for Enforcement, Penalties

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In this post, the final part of our six-part series, we explore the nuances of the “teeth” of the FTC’s Final Rule on consumer reviews and testimonials—the money the FTC can recover for violations of the Final Rule....more

Fenwick & West LLP

The FTC Cracks Down on Fake Reviews with New Rule

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The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more

Hudson Cook, LLP

CFPB Sues Credit Card Issuer and its Owner and CEO for Alleged Deceptive Marketing and Improper Fees

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On September 13, 2024, the CFPB filed a lawsuit against the company and its owner and CEO, alleging deceptive and abusive acts and practices in violation of the CFPA and violations of TILA and its implementing regulation....more

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