As we anticipate the forthcoming changes at the FTC and what enforcement will look like, one area that is often overlooked is the award of civil penalties in FTC cases....more
The Final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials was issued yesterday. It becomes effective 60 days after the rule is published in the Federal Register, which has not happened yet so no clock is...more
8/16/2024
/ Artificial Intelligence ,
Civil Monetary Penalty ,
Consumer Protection Laws ,
Disclaimers ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Regulatory Violations ,
Testimonial Statements
For those of you enjoying the summer weather and listening to ABBA on repeat (or maybe that’s just me), you might have missed that earlier this month the Federal Trade Commission (FTC) released its Annual Report on Refunds to...more
Much ink has been spilled over the impact of the Supreme Court’s AMG decision on the Federal Trade Commission (FTC). That decision held that Section 13(b) of the FTC Act did not authorize a federal court to award equitable...more
2/15/2024
/ AMG Capital Management LLC v FTC ,
Civil Monetary Penalty ,
Equitable Relief ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Gramm-Leach-Blilely Act ,
Judge Rakoff ,
Restitution ,
Section 5 ,
Statutory Violations
Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive...more
4/14/2023
/ Advertising ,
Civil Monetary Penalty ,
Enforcement ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Health Claims ,
Marketing ,
Product Labels ,
Unfair or Deceptive Trade Practices ,
Warning Letters
2022 continues to be the Year of the Review for consumer protection law enforcers. We have seen several cases already this year, and the latest suit has the added bonus of the Federal Trade Commission (FTC) teaming up...more
What do bamboo fabric and green claims have to do with toys, weight loss, car rentals and fur coats? Sounds like the start of a Dad joke, but unfortunately this is no laughing matter. It is the FTC reaching back to bygone...more
The Federal Trade Commission (FTC) recently settled with Weight Watchers (WW) and its subsidiary Kurbo for alleged violations of the Children’s Online Privacy Protection Act (COPPA). COPPA requires websites, apps and other...more
Up until now, most of the FTC’s law enforcement involving the Contact Lens Rule (Rule) has focused on sellers of cosmetic or decorative lenses. Indeed, safety concerns about decorative lenses were newsworthy in 2010, when...more
2/1/2022
/ Advertising ,
Civil Monetary Penalty ,
Disclosure Requirements ,
Endorsements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Incentives ,
Marketing ,
Online Reviews ,
Statutory Violations ,
Unfair or Deceptive Trade Practices
Much like an artist looking for a muse, I keep up with consumer protection developments and ponder – is this blog-worthy? Well, the other day, the Federal Trade Commission (FTC) announced the annual updates to its civil...more
I made my last New Year’s resolution 10 years ago in 2012. Technically, it wasn’t a resolution; maybe it was more of a lifestyle choice. I vowed that I would no longer drink the coffee that was sold in the Federal Trade...more
As many of our readers know, the U.S. Supreme Court decision in AMG dramatically changed things with respect to the ability of the Federal Trade Commission (FTC) to obtain certain monetary remedies. A lot has been written and...more
Whether you are old-school and call them Synopses or you use the new, more in-your-face term Notices of Penalty Offenses, the fact is that this tool has dramatically and quickly increased in significance under Chair Lina...more