News & Analysis as of

FTC Act Civil Monetary Penalty

Hinch Newman LLP

What Digital Marketers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

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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

Cozen O'Connor

FTC and Florida AG Put the Brakes on Alleged “Trucking Automation” Investment Scheme

Cozen O'Connor on

The FTC and Florida AG Ashley Moody obtained a temporary restraining order against RivX Automation Corp., and affiliated entities and individuals (collectively, “RivX”) for allegedly making false or unsubstantiated earnings...more

Troutman Pepper

FTC Permanently Bans Entities Behind Credit Repair Pyramid Scheme

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The Federal Trade Commission (FTC) recently announced that it has filed proposed orders against the owners and operators of Financial Education Services (FES), a credit repair operation accused of running a pyramid scheme and...more

BakerHostetler

Money, Money, Money - How Does the FTC Get Money Back to Consumers?

BakerHostetler on

For those of you enjoying the summer weather and listening to ABBA on repeat (or maybe that’s just me), you might have missed that earlier this month the Federal Trade Commission (FTC) released its Annual Report on Refunds to...more

Hinch Newman LLP

Whoa! U.S. Lawsuit Against Telehealth Providers and Executives Should Turn Heads

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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

Holland & Hart LLP

Avoiding HIPAA Penalties: A Checklist for Covered Entities

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The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more

Goodwin

FDIC Announces $1.5 Million Settlement with Arkansas-Based Bank and Employees

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​​​​​​​​On May 17, 2024, the Federal Deposit Insurance Corporation (FDIC) announced a settlement with an Arkansas bank and nine of its employees, resolving allegations that the bank and the employees violated Section 5 of the...more

Wyrick Robbins Yates & Ponton LLP

A Million Here, A Million There: Avast Sets the Record for the Highest Monetary Remedy for FTC Act Privacy Violations

According to Chair Lina Khan, the Federal Trade Commission (“FTC”) recent action against Avast Limited and its subsidiaries for $16.5 million is the “highest monetary remedy in a de novo privacy violation case” and the first...more

BakerHostetler

Money, Money, Money - Recent Decision Shows a Court Wrestling with the Proper Amount of Civil Penalties to Award the FTC

BakerHostetler on

Much ink has been spilled over the impact of the Supreme Court’s AMG decision on the Federal Trade Commission (FTC). That decision held that Section 13(b) of the FTC Act did not authorize a federal court to award equitable...more

BakerHostetler

Rise in Penalty Amounts to Kick Off the New Year

BakerHostetler on

Much like our grocery bills these days, the Federal Trade Commission (FTC or the Commission) maximum civil penalty amount just got pricier. The FTC announced its annual increase of its civil penalty amounts....more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Enforcement Trends in Consumer Protection Under the Biden Administration

The Federal Trade Commission (FTC or the Commission) has continued aggressive regulation in the consumer protection space under the Biden administration. This persistent approach has occurred even in the face of recent...more

Cozen O'Connor

DNA Testing Firm Hit with $700K Fine for Alleged Deceptive Ads

Cozen O'Connor on

California AG Rob Bonta and the FTC settled with CRI Genetics, LLC to resolve allegations that the DNA testing firm violated the FTC Act and California’s Unfair Competition Law and False Advertising Law by making...more

ArentFox Schiff

OIG Finalizes Rule Authorizing Civil Monetary Penalties Against Information Blocking Violators

ArentFox Schiff on

A final rule published on July 3, 2023, empowers the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) to impose civil monetary penalties (CMP) of up to $1 million for unlawful acts of...more

Troutman Pepper

FTC Fines Bankrupt Crypto Services Provider Celsius $4.7B for Misrepresentations; Regulatory Agency Remains in Search for Civil...

Troutman Pepper on

Deceptive advertisements, market manipulation, misappropriation of customer funds, and “Ask Me Anything (AMA)” sessions served as the catalysts of a civil enforcement action the Federal Trade Commission (FTC) recently filed...more

Ballard Spahr LLP

FTC settles lawsuit against Publishers Clearing House involving alleged use of “dark patterns”

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Less than a week after announcing that it had filed a civil case against Amazon alleging that the company used “dark patterns” to enroll people in its Prime program, the FTC announced that it has entered into a settlement...more

Hinch Newman LLP

FTC Defense Attorney on Ecommerce Investment Management Provider Legal Regulatory Considerations

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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

Fenwick & West LLP

Increased Regulatory Scrutiny on Health Technology Companies’ Use of Advertising Technologies

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The proliferation of health apps and connected devices that allow individuals to track their health conditions, treatment, medications, fitness, fertility, sleep, mental health, diet and other vital areas has led to increased...more

Venable LLP

In AWAREmed Settlement FTC Says Opioid and Chronic Disease Ad Claims Must Be Backed by Science

Venable LLP on

The Federal Trade Commission’s recent settlement with Dalal A. Akoury and AWAREmed Health & Wellness Resource Center provides a good overview of how today’s FTC approaches medical claims it believes are unsubstantiated. The...more

Patterson Belknap Webb & Tyler LLP

The FTC Fires Its First Shot Under the HBNR

Last month, the Federal Trade Commission (“FTC”) announced its first-ever enforcement action under the Health Breach Notification Rule (“HBNR” or “the Rule”).  In a complaint filed in February, the agency alleged that GoodRx...more

DarrowEverett LLP

Born in the USA? Product Origin Claims Nothing to Mess With

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The interconnectedness of the global economy has resulted in consumers being faced with a wide selection of substitute products from many different countries. A ”Made in the United States” claim could be, and often is, a...more

Sheppard Mullin Richter & Hampton LLP

FDIC Settles with Bank for Repeat RESPA Violations, Doubling Previous Fine

The FDIC recently announced a consent order with an Oregon regional bank for violations of Section 8 of RESPA, the FTC Act, and the FRCA, resulting in a civil monetary penalty totaling $425,000. After conducting its...more

Perkins Coie

FTC Claims Sharing User Health Data With Advertising Platforms Is a “Security Breach”

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For the first time, the Federal Trade Commission has brought an enforcement action under its 2009 Health Breach Notification Rule (HBNR). The case was brought against a digital health company, GoodRx Holdings, Inc., for...more

Orrick, Herrington & Sutcliffe LLP

FTC takes action against investment advisor, cites violations of Notice of Penalty Offenses

On January 13, the FTC announced an action against an investment advisor and its owners concerning allegations that the defendants made deceptive claims when selling their services to consumers. ...more

Hinch Newman LLP

New FTC Action on Money-Making Opportunities and Earnings Claims Results in Big Civil Penalties

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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

Orrick, Herrington & Sutcliffe LLP

FDIC issues November enforcement actions

On December 30, the FDIC released a list of orders of administrative enforcement actions taken against banks and individuals in November. The FDIC made public nine orders consisting of “two consent orders; two orders...more

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