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
The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct.
For...more
5/20/2024
/ Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Investigations ,
Lead Generators ,
Liability ,
Marketing ,
Misleading Statements ,
Third-Party Liability ,
Unfair or Deceptive Trade Practices ,
VoIP
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
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 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
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 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
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
A Federal Trade Commission Civil Investigative Demand is an administrative subpoena utilized by the Federal Trade Commission (and other regulatory agencies, such as a state Attorney General) to obtain documentary materials...more
9/1/2022
/ Advertising ,
Bureau of Consumer Protection ,
CID ,
Code of Federal Regulations (CFR) ,
Defense Strategies ,
Due Diligence ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Deadlines ,
FOIA ,
Information Technology ,
Investigations ,
Marketing ,
Meet and Confer ,
Rules of Practice ,
SCOTUS ,
Subpoenas ,
Unfair or Deceptive Trade Practices
You received a Civil Investigative (CID) from the Federal Trade Commission related to a consumer protection matter.
Now what?...more
8/5/2022
/ Advertising ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Investigation Demand ,
Competition ,
Digital Platforms ,
Electronically Stored Information ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Marketing ,
Subpoenas ,
Unfair or Deceptive Trade Practices