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 March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements as a result of developments in technology and...more
3/8/2024
/ Advertising ,
Artificial Intelligence ,
B2B Transactions ,
Do Not Call List ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Final Rules ,
Fraud ,
Global Marketplace ,
Proposed Amendments ,
Proposed Rules ,
Recordkeeping Requirements ,
Robocalling ,
Scams ,
Small Business ,
Technology Sector ,
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
The Federal Communications Commission has published its new rule designed, in part, to close the lead generator loophole by amending the definition of “prior express written consent” for purposes of the Telephone Consumer...more
1/31/2024
/ Consent ,
FCC ,
Lead Generators ,
New Rules ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-Outs ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Written Consent
On December 11, 2023, the Federal Trade Commission announced that it has obtained proposed orders against the operators of a purported wide-ranging scheme known as “The Sales Mentor” that allegedly made millions by falsely...more
1/2/2024
/ Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Breach ,
Data Security ,
Deceptively Misdescriptive ,
Endorsements ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Personal Data ,
Refunds ,
Telemarketing ,
Testimonial Statements ,
Training
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
12/29/2023
/ Advertising ,
Advertising to Minors ,
Audio Recording ,
Biometric Information ,
Consent ,
COPPA ,
Data Collection ,
Data Deletion ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Notice of Proposed Rulemaking (NOPR) ,
Notice Requirements ,
Parental Consent ,
Personal Information ,
Proposed Amendments ,
Remedial Actions ,
Third-Party
On December 13, 2023, the Federal Communications Commission adopted new rules designed to protect consumers from “scam communications” by directly addressing some of the “biggest vulnerabilities” in America’s robotext...more
One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time.
The FCC has now circulated its proposed rule. It has not been adopted yet but it looks like it will be...more
11/27/2023
/ Consent ,
Do Not Call List ,
FCC ,
Lead Generators ,
Notice of Proposed Rulemaking (NOPR) ,
Prior Express Consent ,
Proposed Rules ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Unsolicited Advertisements
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
On October 11, 2023, the Federal Trade Commission announced a new proposed rule to prohibit “junk fees,” which the FTC states are hidden and bogus fees that can harm consumers and undercut honest businesses.
FTC...more
10/16/2023
/ Advertising ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Transportation (DOT) ,
Disclosure Requirements ,
FCC ,
Federal Trade Commission (FTC) ,
Fees ,
Hidden Fees ,
Hotels ,
HUD ,
Price Comparisons ,
Proposed Rules ,
Subscription Services ,
Transparency ,
Utilities Sector
In November 2019, the Federal Trade Commission filed a lawsuit against direct selling wellness company Neora, LLC (f/k/a Nerium International, LLC) and its Chief Executive Officer alleging that the company operates as an...more
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 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 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising.
This follows an FTC announcement in December 2022 that...more
6/5/2023
/ Advertising ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
Marketing ,
Popular ,
Public Comment ,
Recycling ,
Section 5 ,
Unfair or Deceptive Trade Practices
On May 22, 2023, the Federal Trade Commission announced that as a result of a lawsuit filed along with the Utah Division of Consumer Protection, the principals of a Utah-based real estate investment training company will pay...more
As previously blogged about here, the FCC recently proposed a rule that would turn the lead generation on its head. The proposed new rule goes quite a bit further than simply requiring wireless carriers to block texts from...more
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
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 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)
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