News & Analysis as of

Federal Trade Commission (FTC)

Sheppard Mullin Richter & Hampton LLP

Click! FTC Updates Its Negative Option Rule

The FTC updated its Negative Option Rule last month and gave it a new name to emphasize the expanded scope of programs to which it applies. It will now be the “Rule Concerning Recurring Subscriptions and Other Negative Option...more

BCLP

Are You Preparing to Comply with the FTC “Click-to-Cancel” Rule?

BCLP on

The Federal Trade Commission (FTC) published its final “Click-to-Cancel” Rule in the Federal Register on November 15, 2024, meaning that companies should ensure that they comply with the rule’s requirements within the next...more

BakerHostetler

ANA Children’s Advertising and Privacy Roundup

BakerHostetler on

The Association of National Advertisers (ANA) held its annual Masters of Advertising Law Conference November 11-13 in sunny Scottsdale, Arizona, and wow, children’s advertising and privacy was a hot-button topic at the...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - November 2024 # 3

Troutman Pepper on

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Mintz

2025 Private Equity Trends Outlook

Mintz on

In 2025, the private equity landscape will be shaped by several key trends, including the expansion of continuation vehicles as a vital liquidity tool, heightened regulatory scrutiny and antitrust pressures introducing both...more

Mintz - Antitrust Viewpoints

Information Sharing in the Trump Administration

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more

DarrowEverett LLP

Predicting U.S. Labor & Employment Changes From New Administration

DarrowEverett LLP on

As with previous shifts between administrations, the upcoming transfer of power from the Biden administration to the return of the Trump administration promises to bring with it a myriad of changes, with labor and employment...more

Nelson Mullins Riley & Scarborough LLP

Five Predictions for Antitrust Enforcement in the Second Trump Administration

Forecasting the future is always a perilous exercise, but here's what my antitrust crystal ball tells me about antitrust enforcement in the second Trump administration....more

Locke Lord LLP

Trends in State and Federal Regulation of Consumer Genetic Testing

Locke Lord LLP on

Direct-to-consumer (“DTC”) genetic testing companies are faced with more scrutiny than ever over their privacy practices, security practices, and data use policies. In December 2023, 23andMe experienced a data breach...more

Kelley Drye & Warren LLP

SDNY Reverses its Position on ​“Carbon Neutral” Lawsuit

Kelley Drye & Warren LLP on

In January, we reported that a judge in the Southern District of New York refused to dismiss a class action alleging that ​“carbon neutral” claims on bottles of Evian water were misleading. The judge determined that the term...more

Troutman Pepper

What Is the FTC "Merger Portal?"

Troutman Pepper on

At the Federal Trade Commission's (FTC) open meeting this month, agency staff and commissioners discussed the recently launched " Merger Portal." The portal is available on the FTC's website and provides the public with an...more

Pierce Atwood LLP

Five Common Legal Pitfalls for Sales Promotions: Avoiding Costly Mistakes

Pierce Atwood LLP on

Now that we’ve entered the holiday season, retailers everywhere are ramping up their promotions, offering discounts, special sales, and even “free” items. But in the frenzy to capture consumers’ attention and generate...more

Clark Hill PLC

Right To Know - November 2024, Vol. 23

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Perkins Coie

The New Administration’s Impact on Retailers

Perkins Coie on

With a new administration reshaping the political landscape, retailers are preparing for policy shifts that may greatly influence their operations. In this Update, we explore the potential changes and challenges on the...more

Womble Bond Dickinson

New Click-to-Cancel Requirements… Welcome/Not Welcome?

Womble Bond Dickinson on

The Federal Trade Commission (FTC) announced its long-awaited final Negative Option Rule (the “Rule”) on October 16, 2024. “Negative Options” according to the FTC are arrangements “under which the consumer’s silence or...more

Constangy, Brooks, Smith & Prophete, LLP

FTC cyber breach notification rules: If you’re a non-banking financial institution, here’s what you need to know.

Financial institutions are now required to notify the Federal Trade Commission about any security breach that involves the information of 500 customers or more. The breach must be reported no later than 30 days after it is...more

Cozen O'Connor

The State AG Report – 11.14.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •State AGs and DOJ Sick Over Planned Health Care Merger - ...more

Venable LLP

Marketing to Children: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....more

BakerHostetler

Trump 2.0 - What To Expect In Antitrust Enforcement

BakerHostetler on

In his return to the White House, President-elect Trump inherits an aggressive antitrust enforcement regime from the Biden administration – an enforcement regime that was born and developed in many respects during Trump’s...more

Knobbe Martens

Teva v. Amneal Oral Arguments and Claim Construction Order: Recent Developments in the Ongoing Debate Over the Orange Book Listing...

Knobbe Martens on

As the FTC continues to crack down on pharmaceutical manufacturers’ allegedly improper listing of patents in the FDA Orange Book, counsel for Teva and Amneal presented oral arguments in the Court of Appeals for the Federal...more

Venable LLP

New HSR Premerger Filing Requirements Officially Set to Take Effect on February 10, 2025

Venable LLP on

On November 12, 2024, the Federal Trade Commission's (FTC) previously announced final rule expanding the scope of premerger filings under the Hart-Scott-Rodino (HSR) Act was formally published in the Federal Register....more

Kelley Drye & Warren LLP

FTC Staff Issues FAQs on the ​“Fake Review” Rule

Kelley Drye & Warren LLP on

As we noted in a previous post, the FTC’s Rule on the Use of Consumer Reviews and Testimonials, which went into effect on October 21, 2024, addresses deceptive conduct involving consumer reviews and testimonials and...more

Wilson Sonsini Goodrich & Rosati

Whither Antitrust Enforcement Under Trump 2.0?

With only a week having passed since the 2024 Presidential Election, we find ourselves awash in speculation about what a Second Trump Administration (Trump 2.0) portends for the United States and for the world. This client...more

Orrick, Herrington & Sutcliffe LLP

FTC charges debt collection company and owner for alleged $7.6M debt collection scam

On November 4, the FTC has taken action against a debt collection business and its owner for allegedly deceiving consumers into paying over $7.6 million in fake debts. According to the FTC’s complaint, the defendants...more

Cozen O'Connor

Oops! Navy FCU to Pay $95 Million for Allegedly Unlawful Overdraft Fees

Cozen O'Connor on

The CFPB issued a consent order to Navy Federal Credit Union to resolve allegations that it charged consumers illegal overdraft fees in violation of the Consumer Financial Protection Act of 2010. According to the CFPB, Navy...more

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