As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more
10/3/2024
/ Advertising ,
Artificial Intelligence ,
Celebrity Endorsements ,
Civil Monetary Penalty ,
Compensation ,
Compliance ,
Disclosure Requirements ,
Enforcement ,
Fake Reviews ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Misleading Statements ,
Misrepresentation ,
Ratings ,
Social Media ,
Testimonial Statements
The FTC continues to prioritize the investigation of online business coaching and mentoring programs, particularly business coaching scams that promise guaranteed income, large returns, “proven systems,” free or low-cost...more
On August 30, 2024, the Federal Trade Commission announced that the Department of Justice filed a complaint upon notification and referral from the FTC against a surveillance camera company that allegedly failed to provide...more
9/3/2024
/ CAN-SPAM Act ,
Civil Monetary Penalty ,
Compliance ,
Customer Information ,
Data Collection ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Infectious Diseases ,
Misrepresentation ,
Opt-Outs ,
Personal Information ,
Settlement ,
Surveillance ,
Without Consent
On July 2, 2024, the Federal Trade Commission announced a “refreshed version” of the agency’s Complying with the Made in USA Standard guidance document. The refreshed guidance document includes, without limitation, updated...more
7/8/2024
/ Advertising ,
Compliance ,
Customs and Border Protection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Labeling ,
Made in the USA ,
Manufacturers ,
Marketing ,
New Guidance ,
Tariff Act of 1930
Generally speaking, investigatory procedures, including use of compulsory process, may be used by Federal Trade Commission (FTC) attorneys in connection with the spectrum of activities that the agency is authorized or...more
5/24/2024
/ Cease and Desist Orders ,
Civil Investigation Demand ,
Compliance ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Law Enforcement ,
Penalties ,
Policies and Procedures ,
Rulemaking Process
As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. ...more
3/27/2024
/ Abusive Acts ,
Audits ,
B2B Transactions ,
Compliance ,
Deceptively Misdescriptive ,
Established Business Relationship ,
Federal Trade Commission (FTC) ,
Fraud ,
Lead Generators ,
New Rules ,
Recordkeeping Requirements ,
TCPA ,
Telemarketing ,
Telemarketing Sales Rule ,
Telephone Service Providers ,
Training Requirements
In 2018, the Federal Trade Commission announced “Operations Donate with Honor,” as law enforcers united to challenge deceptive fundraising.
At the time, 54 Attorneys General from all 50 states, the District of Columbia,...more
5/15/2023
/ Charitable Donations ,
Charitable Organizations ,
Compliance ,
Enforcement ,
Federal Trade Commission (FTC) ,
Fraud ,
Fundraisers ,
Misrepresentation ,
Sham Transactions ,
Telemarketing ,
Telemarketing Sales Rule
As discussed by ecommerce law attorney Richard B. Newman, here, the FTC’s Deceptive Pricing Guides address different types of pricing representations. These include, without limitation, representations that a current price...more
It is no secret amongst digital advertisers and FTC practice defense counsel that the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market,...more
5/1/2023
/ Advertising ,
Amazon ,
Business Opportunity Laws ,
Civil Monetary Penalty ,
Compliance ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
E-Commerce ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investment Management ,
Robocalling ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission recently announced a proposed a “click to cancel” provision requiring sellers to make it as simple for consumers to cancel their enrollment as it was to enroll.
According to the FTC, if...more
The Business Opportunity Rule (“Biz Opp Rule”) was first adopted in 2012. It applies to commercial arrangements where a seller solicits a prospective buyer to enter into a new business, the prospective purchaser makes a...more
1/10/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Business Opportunities ,
Buyers ,
Compliance ,
Disclosure Requirements ,
E-Commerce ,
Endorsements ,
Federal Trade Commission (FTC) ,
Investment ,
Penalties ,
Remote Working ,
Risk Assessment ,
Sellers ,
Testimonial Statements ,
Truth in Advertising
In December 2022, the the Federal Trade Commission published new guidance regarding representations about the benefits and safety of health-related products: Health Products Compliance Guidance. Federal Trade Commission...more
12/23/2022
/ Advertising Substantiation ,
Clinical Trials ,
Compliance ,
Deceptively Misdescriptive ,
Diagnostic Tests ,
Dietary Supplements ,
Disclosure Requirements ,
DSHEA ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Homeopathic Remedies ,
Liability ,
Misleading Statements ,
Mobile Apps ,
New Guidance ,
Over The Counter Drugs (OTC) ,
Safe Harbors