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 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more
8/14/2024
/ Artificial Intelligence ,
Compensation ,
Corporate Counsel ,
Deceptive Intent ,
Disclosure Requirements ,
Enforcement Actions ,
Fake Reviews ,
False Advertising ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FTC Act ,
Incentives ,
Misrepresentation ,
Penalties ,
Social Media ,
Solicitation ,
Testimonial Statements
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
Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients.
The FTC will consider numerous factors, including, but not limited to, the extent to...more
6/13/2024
/ Advertising ,
Advertising Substantiation ,
Deceptive Intent ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misleading Statements ,
Telemarketing ,
Testimonial Statements ,
Third-Party Liability ,
UDAP ,
Unfair or Deceptive Trade Practices
On June 10, 2024, the U.S. Justice Department announced that together with the Federal Trade Commission, it filed an amended complaint against telehealth company Cerebral Inc., Cerebral’s founder and former Chief Executive...more
6/12/2024
/ Civil Monetary Penalty ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Healthcare ,
Misrepresentation ,
PHI ,
ROSCA ,
Sensitive Personal Information ,
Telehealth ,
Telemedicine
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
In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more
3/11/2024
/ California ,
Consent ,
Debt-Relief Industry ,
Department of Justice (DOJ) ,
Do Not Call List ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misrepresentation ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Telemarketing Sales Rule
On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more
2/26/2024
/ Browser History ,
Comment Period ,
Consent Agreements ,
Corporate Counsel ,
Data Collection ,
Data Selling ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Prior Express Consent ,
Privacy Laws ,
Privacy Policy ,
Public Comment ,
Section 5 ,
Settlement ,
Software ,
Software Developers ,
UK ,
Unfair or Deceptive Trade Practices
On November 21, 2023, the Federal Trade Commission announced that it has approved an omnibus resolution authorizing the use of compulsory process in non-public investigations involving products and services that use or claim...more
11/22/2023
/ Artificial Intelligence ,
Civil Investigation Demand ,
Consumer Protection Orders ,
Documentation ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Information Reports ,
Infringement ,
Machine Learning ,
Omnibus Guidance ,
Testimony ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission and the U.S. Department of Health and Human Services' Office for Civil Rights are cautioning hospitals and telehealth providers about the privacy and security risks related to the use of online...more
7/31/2023
/ Breach Notification Rule ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
Investigations ,
Mobile Apps ,
OCR ,
PHI ,
Risk Assessment ,
Telehealth ,
Third-Party ,
Tracking Systems ,
Unauthorized Disclosure ,
Websites
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
As previously blogged about here by FTC defense lawyer, the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell...more
6/19/2023
/ Advertising ,
Business Opportunity Laws ,
Consumer Review Fairness Act (CRFA) ,
Cooling-Off Rule ,
E-Commerce ,
False Advertising ,
Federal Trade Commission (FTC) ,
Frozen Assets ,
FTC Act ,
Investment ,
Marketing ,
Real Estate Investments ,
Remote Working ,
Restraining Orders ,
Sales Promotions ,
Social Media ,
Software ,
Unlawful Practices
On May 3, 2023, the FTC announced that it is proposing a blanket prohibition preventing Facebook from monetizing youth data. The Commission alleges that the company violated the 2020 privacy order and now proposes new...more
5/5/2023
/ COPPA ,
Data Collection ,
Data Protection ,
Facebook ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
FTC Act ,
Instagram ,
Personal Information ,
Privacy Laws ,
Social Media ,
WhatsApp
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 March 2023, the Federal Trade Commission announced a number of consumer protection actions involving data privacy, COVID health claims, a robocall debt relief pitch scheme, and alleged harmful noncompete restrictions. The...more
3/20/2023
/ Consumer Protection Laws ,
Coronavirus/COVID-19 ,
COVID-19 Consumer Data Protection Act ,
Data Privacy ,
Debt-Relief Industry ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
LGBTQ ,
Mental Health ,
Non-Compete Agreements ,
Penalties ,
PHI ,
Popular ,
Robocalling ,
Social Media ,
Targeted Digital Advertising ,
Telemarketing ,
Telemarketing Sales Rule
On March 15, 2023, the Federal Trade Commission announced that it ordered manufacturing company Anchor Glass Container Corp. to drop noncompete restrictions that it allegedly imposed on its workers.
This marks the fourth...more
In September 2022, the Federal Trade Commission announced that it had taken action against credit services company Credit Karma for allegedly deploying dark patterns to misrepresent that consumers were “pre-approved” for...more
1/27/2023
/ Consent Order ,
Credit Checks ,
Credit Karma ,
Credit Scores ,
Deceptively Misdescriptive ,
Federal Trade Commission (FTC) ,
Financial Products ,
FTC Act ,
Informed Consent ,
Misrepresentation ,
Personal Information ,
Settlement ,
Unfair or Deceptive Trade Practices
Advertisers, beware.
On January 13, 2023, the Federal Trade Commission announced that as a result of a Federal Trade Commission lawsuit, investment advice company WealthPress has agreed to a proposed court order that...more
1/17/2023
/ Advertising ,
Civil Monetary Penalty ,
Dot Com Disclosure Guide ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investment ,
Investment Adviser ,
Refunds ,
ROSCA ,
Trading Platforms
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
The FTC continues to issue Notices of Penalty Offenses concerning FTC Endorsement Guide violations to digital advertisers and marketers, both alone and in conjunction with the issuance of FTC Civil Investigative Demands....more
12/9/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising ,
Civil Monetary Penalty ,
Disclosure Requirements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
FTC Endorsement Guidelines ,
SCOTUS ,
Unfair or Deceptive Trade Practices
The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022.
The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more
9/27/2022
/ Advertising ,
Credibility ,
Deceptive Intent ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Liability ,
Misrepresentation ,
Online Reviews ,
Penalties ,
Proposed Rules ,
Social Media ,
Testimonial Statements