Last week the Federal Trade Commission (FTC) announced it had issued a complaint and proposed consent order against Instant Brands LLC for allegedly marketing products as “Made in the USA,” when they were actually made in...more
On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices and enforcing antitrust laws—proposed a rule that, if enacted, will...more
1/24/2023
/ 501(c)(3) ,
Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Unfair Competition
Non-compete agreements are under attack yet again. On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices—announced a new...more
Like clockwork, the Federal Trade Commission (FTC) has issued its Adjustments to Civil Penalty Amounts for 2023. As instructed by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the FTC and...more
This week the Federal Trade Commission unveiled hefty settlements with Epic Games Inc.—the creator of the video game Fortnite—to resolve separate actions alleging violations of Section 5 of the FTC Act and the Children’s...more
On December 20th, 2022, the Federal Trade Commission published new guidance regarding claims about the benefits and safety of health-related products: Health Products Compliance Guidance. This guidance replaces the...more
At its December 14, 2022 open meeting, the Federal Trade Commission announced it would publish a notice in the Federal Register seeking comment on potential updates or revisions to its existing Green Guides. The Green Guides...more
Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action.
After being notified that the FTC has begun an...more
12/8/2022
/ Adverse Inference Instructions ,
Civil Investigation Demand ,
Corporate Counsel ,
Criminal Prosecution ,
Discovery ,
Document Retention Policies ,
Electronically Stored Information ,
Failure To Disclose ,
Federal Rules of Civil Procedure ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Obstruction of Justice ,
Sanctions ,
Spoliation ,
Uber
On November 10, the Federal Trade Commission (FTC) released an aggressive new Policy Statement outlining the current FTC’s view on what constitutes “unfair methods of competition in or affecting commerce” under Section 5 of...more
Last week, the Federal Trade Commission and state attorneys general in Arizona, California, Georgia, Illinois, Massachusetts, New York, and Texas settled with advertising giants Google and iHeartMedia for deceptive...more
12/2/2022
/ Advertising ,
Celebrity Endorsements ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Google ,
iHeart Media ,
Influencers ,
Misrepresentation ,
Settlement ,
State Attorneys General
At its most recent open meeting, the Federal Trade Commission voted unanimously to issue an Advance Notice of Proposed Rulemaking, seeking public comment on whether to modify or expand its Business Opportunity Rule.
The...more
Last week, the Federal Trade Commission (FTC) issued a press release, announcing a $100 million settlement with Vonage, an internet-based telephone service company, for alleged violations of the Restore Online Shoppers’...more
Supply chain disruptions and accompanying inflation for raw materials have challenged many businesses. A recent case involving paint retailer Sherwin-Williams shows how not to deal with these challenges....more
10/28/2022
/ Breach of Contract ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Hidden Fees ,
Material Misrepresentation ,
Misleading Impressions ,
Price Inflation ,
Putative Class Actions ,
Retailers ,
Supply Chain ,
Surcharges ,
Unfair or Deceptive Trade Practices
At a Federal Trade Commission (FTC) event last week, Chair Lina Khan said children are more susceptible than adults to deceptive or harmful practices, especially those that blur the line between advertising and entertainment....more
The Consumer Financial Protection Bureau (CFPB) has once again been found to be unconstitutionally structured. The ruling is a win for CFPB critics and calls into question most actions taken by the agency....more
The FTC’s ears must have been burning. Yesterday, just hours after we finished a webinar discussing the latest developments in the FTC’s push for more rulemaking, the FTC announced an upcoming open meeting where it will...more
On Monday the U.S. Securities and Exchange Commission issued a cease-and-desist order to Kim Kardashian for failing to disclose that she received $250,000 to promote EthereumMax’s digital tokens, “EMAX tokens,” on...more
10/5/2022
/ Cease and Desist Orders ,
Celebrity Endorsements ,
Civil Monetary Penalty ,
Class Action ,
Cryptoassets ,
Disclosure Requirements ,
Disgorgement ,
Endorsements ,
Ethereum ,
Failure To Disclose ,
FTC Endorsement Guidelines ,
Kim Kardashian ,
Prejudgment Interest ,
Real Estate Investments ,
Securities ,
Securities Fraud ,
Stock Promoters ,
Testimonial Statements
The FTC is undertaking a historic effort to draft new rules that will impact every facet of the national economy. Many companies and legal scholars are questioning the FTC’s authority to draft certain of the broad rules it...more
Last week, the Federal Trade Commission turned its attention to the mortgage relief industry once again. In its most recent enforcement action, the FTC joined forces for the first time with the California Department of...more
9/23/2022
/ AMG Capital Management LLC v FTC ,
Asset Freeze ,
California Consumer Financial Protection Law (CCFPL) ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Debt-Relief Industry ,
Department of Financial Protection and Innovation (DFPI) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Loan Modifications ,
Mortgage Assistance Relief Services (MARS) ,
Mortgages ,
Restraining Orders ,
Telemarketing Sales Rule
By a unanimous 5-0 vote, the Federal Trade Commission last week released a staff report that sheds light on the agency’s enforcement positions and priorities regarding digital “dark patterns,” which the FTC defines as...more
The buzz around gig economy protections continued as the Federal Trade Commission took yet another action to safeguard gig workers. Last week, the FTC adopted a policy statement asserting its authority to address...more
Last week the Federal Trade Commission and six states sued rental listing platform Roomster, Corp. along with its owners for allegedly charging consumers for access to phony listings bolstered by fake reviews it had...more
9/9/2022
/ Advertising ,
Deceptive Intent ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
Marketing ,
Misrepresentation ,
Mobile Apps ,
Online Platforms ,
Online Reviews ,
Rental Property ,
User Fees
On August 30, the Federal Trade Commission announced a complaint and proposed order for Ohio-based Electrowarmth Products, LLC and its owner, alleging they improperly claimed that their heated fabric truck bunk...more
The Federal Trade Commission’s recent action against Credit Karma serves as a reminder to advertisers that optimizing consumer conversion is not - and cannot be - the be-all and end-all. Regardless of what split or A/B...more
When the COVID-19 pandemic began, and consumers swarmed the stores for disinfectant sprays, masks, and household items, state price-gouging laws grew increasingly relevant as sellers sought to cash in on the heightened...more