News & Analysis as of

Unfair or Deceptive Trade Practices Consent

Womble Bond Dickinson

Loper Blight: 11th Circuit Vacates FCC Lead Generator “One-to-One” and “Logically/Topically Related” Consent Provisions

Womble Bond Dickinson on

In yet a third setback for the FCC since the Supreme Court’s Loper Bright opinion eliminating Chevron deference, the 11th Circuit last Friday in Insurance Marketing Coalition Limited v. FCC, vacated two TCPA consent...more

Snell & Wilmer

FTC Click to Cancel Rule

Snell & Wilmer on

In 2023, the U.S. Federal Trade Commission (FTC) sought public comments on how to combat perceived unfair and deceptive trade practices, recurring subscription charges, and cancelation of such plans. Born out of these...more

Miller Canfield

More Than Child's Play: $520 Million FTC Settlement Signals Risks for Digital Platforms

Miller Canfield on

For years, one of the world’s most popular online video games, Fortnite, profited from in-game purchases (or “microtransactions”) that, according to the Federal Trade Commission (“FTC”), were unlawful and deceptive. Although...more

Robinson+Cole Data Privacy + Security Insider

FTC Settles Case with GM over Allegations of Collection + Use of Drivers’ Precise Geolocation

In its continued concentration on the collection and use of consumers’ precise geolocation, on January 16, 2024, the Federal Trade Commission (FTC) settled with General Motors (GM) over allegations that it collected, used,...more

Baker Botts L.L.P.

A Landmark Lawsuit in Data Privacy: Texas v. Allstate

Baker Botts L.L.P. on

In a groundbreaking enforcement action, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate Corporation and its subsidiary Arity, alleging systematic violations of the Texas Data Privacy and Security Act...more

Dorsey & Whitney LLP

FTC Finalizes Click to Cancel and Negative Option Rule

Dorsey & Whitney LLP on

On October 16, 2024, the Federal Trade Commission (FTC) announced a revision to its negative option rule. The rule, formally entitled the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs,” is a...more

MoFo Tech

Dirty Data Damaging Deals – Data Issues in AI M&A

MoFo Tech on

2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of...more

Cozen O'Connor

FTC Accuses Cash-Advance App of Misleading Consumers

Cozen O'Connor on

The FTC has filed a lawsuit against online cash advance app Dave, Inc. alleging that it misled consumers about cash advances and fees in violation of the FTC Act and the Restore Online Shoppers’ Confidence Act....more

UB Greensfelder LLP

FTC Implements New Rule Regulating Subscription-Based Services, Free Trial Offers, and Other Automatic Renewal Sales Systems

UB Greensfelder LLP on

The Federal Trade Commission (FTC) introduced its updated Negative Option Rule on October 16, 2024 (the “New Rule”). The New Rule targets deceptive practices associated with subscription-based services through which companies...more

Foley & Lardner LLP

FTC Finalizes “Click-to-Cancel” Rule 18 October 2024

Foley & Lardner LLP on

The Federal Trade Commission (FTC) has finalized amendments to the Negative Option Rule, now retitled the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs“ (“Rule”), which represents a significant...more

Ballard Spahr LLP

FTC, State of Arizona Charge Auto Dealership with Deceiving Consumers

Ballard Spahr LLP on

On August 15, 2024, the Federal Trade Commission (“FTC”) and Arizona Attorney General announced a proposed settlement with an Arizona-based vehicle dealership to resolve allegations that the dealership misrepresented prices...more

Fox Rothschild LLP

Opinions Galore!

Fox Rothschild LLP on

On May 7, 2024 the North Carolina Court of Appeals issued thirty-three published opinions There’s a lot to chew on here. Here’s my summary of a few of the more interesting or unusual cases. Warren v. Cielo...more

Venable LLP

Telemarketing Trial: Defendant Sweeps All Six Claims Against the FTC and Pennsylvania AG

Venable LLP on

It’s not often we see defendants win a resounding victory against the Federal Trade Commission (FTC) and/or state attorneys general, especially after trial. But a recent opinion out of the Eastern District of Pennsylvania...more

Ballard Spahr LLP

FTC issues final CARS Rule setting new requirements on vehicle sales

Ballard Spahr LLP on

On December 12, 2024, the Federal Trade Commission (“FTC”) announced its Combating Auto Retail Scams Rule, otherwise known as the “CARS Rule,” setting new requirements on the sale, financing, and leasing of vehicles by motor...more

Venable LLP

FTC Settlements with Lead Generators Offer Roadmap for Consumer Consent and Telemarketing Pitfalls to Avoid

Venable LLP on

Marketers and lead generators have new guidance in the form of enforcement orders on what the Federal Trade Commission (FTC) appears to consider required practice when obtaining consumer consent prior to the sale, transfer,...more

Cozen O'Connor

AGs React Positively to FTC’s Proposed Negative Option Rule

Cozen O'Connor on

A coalition of 26 AGs filed a comment letter in support of the FTC’s proposed amendments to the Negative Option Rule, which is meant to prohibit the unfair or deceptive use of negative option marketing whereby a company takes...more

McGlinchey Stafford

FTC’s Proposed Dealer Trade Rules Sets Sights on “Add-on” Product Sales

McGlinchey Stafford on

On July 13, 2022, the FTC’s proposed Motor Vehicle Dealers Trade Regulation Rule, was published in the Federal Register. The FTC’s stated purpose of the proposed rule is to “protect consumers and honest dealers by making the...more

Wiley Rein LLP

FTC Launches National Privacy Rulemaking

Wiley Rein LLP on

On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more

Benesch

Federal Trade Commission Looking at New Rules to Combat Discrimination in Algorithms and Poor Security Practices

Benesch on

The brief FTC note indicates the agency will look to combat poor security practices, protect against the misuse of personal information, and discrimination arising from algorithmic decision-making. Last month, the...more

Ervin Cohen & Jessup LLP

FTC Continues Ramp Up of Enforcement Actions

The Federal Trade Commission (“FTC”) continued a flurry of activity to put companies on notice of future enforcement activities and safeguard consumer financial information. All businesses that advertise to consumers and that...more

ArentFox Schiff

Online Marketers Settle FTC Charges for Deceptive ‘Free-Trial’ Offers

ArentFox Schiff on

Operators of a negative option scam recently settled FTC charges for offering “risk-free” trials and then charging full price for the trial product and enrolling consumers in a continuous subscription without obtaining...more

Bryan Cave Leighton Paisner

What Employers Should Consider Before Switching to Fingerprint-based Time Clocks, Padlocks and Access Points

Several companies now offer time and attendance solutions that incorporate the use of fingerprint identification technology and purport to eliminate “buddy punching” for hourly employees. In addition to time and attendance...more

Bryan Cave Leighton Paisner

Fingerprint Identification Technology

Fingerprint identification technology uses fingerprints to uniquely identify individuals. The technology has been used by law enforcement agencies for decades, and dozens of statutes regulate when government agencies may...more

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