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
On August 8, 2024, the Federal Trade Commission announced that as a result of a lawsuit, two defendants that allegedly helped operate a purported business opportunity scheme known by several names have agreed to settlements...more
The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more
7/29/2024
/ Anti-Competitive ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Jurisdiction ,
Securities and Exchange Commission (SEC) ,
Sherman Act ,
Telecommunications ,
The Clayton Act ,
Unfair or Deceptive Trade Practices
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
On September 1, 2023, an Illinois federal court ruled in the matter of Federal Trade Commission v. Day Pacer LLC, et al. (N.D. Ill. Sept. 1, 2023) that Day Pacer (f/k/a EduTrek) and company executives violated the...more
9/14/2023
/ Antitrust Violations ,
CID ,
Civil Monetary Penalty ,
Consumer Information ,
Do Not Call List ,
Enforcement ,
Federal Trade Commission (FTC) ,
Investigations ,
Lead Generators ,
Partial Summary Judgments ,
Telemarketing ,
Telemarketing Sales Rule ,
Third-Party Service Provider ,
Unconstitutional Condition ,
VoIP
The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...more
7/3/2023
/ Advertising ,
AMG Capital Management LLC v FTC ,
Bureau of Consumer Protection ,
Child Safety ,
Disclosure Requirements ,
Endorsements ,
Enforcement ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
Guidance Update ,
Incentives ,
Influencers ,
Investigations ,
New Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
Online Reviews ,
Penalties ,
Proposed Rules ,
SCOTUS ,
Social Media ,
Targeted Digital Advertising ,
Testimonial Statements
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
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
In April 2023, the Federal Trade Commission announced a number of consumer protection actions and inquiries involving an important U.S. Supreme Court Ruling regarding the ability of defendants in FTC and SEC actions to raise...more
4/24/2023
/ Administrative Law Judge (ALJ) ,
Advertising Substantiation ,
Automatic Renewals ,
Consumer Protection Laws ,
Counterfeiting ,
Credit Cards ,
Department of Justice (DOJ) ,
Dietary Supplements ,
Disclosure Requirements ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Homeopathic Remedies ,
Investigations ,
Misleading Statements ,
Opioid ,
Over The Counter Drugs (OTC) ,
Penalties ,
Robocalling ,
Rulemaking Process ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Subscription Services ,
Targeted Digital Advertising ,
Telemarketing ,
VoIP
On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more
4/17/2023
/ Advertising ,
AMG Capital Management LLC v FTC ,
Appeals ,
Civil Monetary Penalty ,
Consent Order ,
Department of Justice (DOJ) ,
Due Process ,
Endorsements ,
Enforcement ,
Equal Protection ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Misleading Statements ,
Misrepresentation ,
SCOTUS ,
Securities and Exchange Commission (SEC)
February 2023 has been a busy couple of months at the Federal Trade Commission. High-profile consumer protection actions and announcements span a broad spectrum of digital advertising and marketing. From “review hijacking,...more
2/20/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising Substantiation ,
Consumer Protection Laws ,
Data Retention ,
Dietary Supplements ,
Digital Marketplace ,
Enforcement ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Misleading Statements ,
Online Reviews ,
PHI ,
Popular ,
Ratings ,
Settlement ,
Targeted Digital Advertising ,
Third-Party Service Provider
In December 2022, the FCC’s Robocall Response Team announced that the Enforcement Bureau has ordered telecommunications companies to stop carrying robocalls related to known student loan scams. Voice service providers must...more
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
For years, the Federal Trade Commission has aggressively enforced the Restore Online Shoppers’ Confidence Act against digital marketers that offer Internet-based automatic renewals and subscriptions. In short, ROSCA requires...more
10/10/2022
/ Automatic Renewals ,
Cancellation Rights ,
CID ,
Consumer Protection Laws ,
Corporate Counsel ,
Deceptively Misdescriptive ,
E-Commerce ,
Enforcement ,
Federal Trade Commission (FTC) ,
Free Trials ,
Good Faith ,
New Guidance ,
Penalties ,
Proposed Legislation ,
ROSCA ,
Subscription Services