News & Analysis as of

Unfair or Deceptive Trade Practices Disgorgement

Cozen O'Connor

Internet Provider Sued Over Alleged Junk Fees and Deceptive Marketing

Cozen O'Connor on

Connecticut AG William Tong sued CSC Holdings, LLC, the operating subsidiary of the telecommunications company Altice USA, Inc., alleging that the company’s marketing and provision of Internet services to Connecticut...more

BakerHostetler

How Did the FTC Get $16 Million in a Recent FTC Act Privacy Case?

BakerHostetler on

Advertising and privacy. In 2024, it’s hard to talk about one without the other. Almost like peanut butter and jelly. A recent case from the Federal Trade Commission is an important reminder about the privacy and...more

Cozen O'Connor

AG James Grounds Deceptive Airline Ticket Practices

Cozen O'Connor on

New York AG Letitia James has reached an agreement with online travel agency, Fareportal, Inc., regarding an alleged array of deceptive online marketing practices in violation of New York State’s Executive and General...more

Cozen O'Connor

Return to Sender: Washington AG Ferguson Goes After Fake Government Mailings

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Washington AG Robert Ferguson has filed lawsuits against two connected companies, Labor Poster Compliance, LLC, CA Certificate Service, LLC., and their individual owners (collectively, “Defendants”), alleging they posed as a...more

Cozen O'Connor

Energy Services Provider Accused of Using Deceptive Practices to Lure Consumers into Switching Utility Companies and Overcharging...

Cozen O'Connor on

New York AG Letitia James sued energy services providers Major Energy Services LLC and Major Energy Electric Services, LLC (collectively, “Major Energy”) over allegations that Major Energy used misleading marketing tactics to...more

Lowenstein Sandler LLP

New York’s Highest Court Says D&O Insurers Must Cover Disgorgement Payments

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On November 23, 2021, New York’s highest court resolved a long-standing dispute between directors and officers (D&O) liability insurers and their insureds, holding that a settlement payment to the U.S. Securities and Exchange...more

Proskauer - Minding Your Business

Without Equitable Monetary Relief, No Need for Asset Freeze or Receivership to Preserve Resources, and More Takeaways from the...

The Eleventh Circuit’s opinion last month in FTC v. On Point Capital Partners LLC, et al.,clarifies the ramifications of the Supreme Court’s ruling in AMG Capital Management regarding the prohibition of equitable monetary...more

Cozen O'Connor

Influencer or Scammer? Instagram Celebrity Accused of Not Delivering Paid-for Services

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Pennsylvania AG Josh Shapiro sued Instagram influencer Casey Olivera, a/k/a Dana Chanel, related individuals, and companies owned and operated by Chanel over allegations that Chanel misled consumers about goods and services...more

Cozen O'Connor

Water Cure: Florida Company Sued Over False Marketing Claims Relating To Health Benefits Of Hydrogen-Enriched Water

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Florida AG Ashley Moody sued drinking-water system marketer Wellness Program Services, LLC d/b/a Trusii and related entities and individuals (collectively “Trusii”) over allegations that it used false and misleading health...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2021

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. SCOTUS Finds FTC Cannot Award Restitution or...more

Cozen O'Connor

Opioid Fallout: Ad Agency Sued For Allegedly Helping Purdue Deceptively Market OxyContin

Cozen O'Connor on

Massachusetts AG Maura Healey sued healthcare marketing company Publicis Health, LLC (“Publicis”) under a theory of public nuisance and for violations of Massachusetts’s consumer protection law over Publicis’s alleged role in...more

Epstein Becker & Green

FTC Loses Disgorgement Remedy Under 13(b) of the FTC Act

On April 22, 2021, the Supreme Court of the United States issued an opinion finding that the Federal Trade Commission (“FTC”) does not have the authority to order disgorgement (i.e., monetary relief) under Section 13(b) of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Curbs FTC’s Authority To Seek Monetary Relief in Federal Court — At Least Temporarily

Last week, the U.S. Supreme Court decided unanimously in AMG Capital Management, LLC v. FTC that Section 13(b) of the Federal Trade Commission Act of 1914 (FTC Act) does not authorize the Federal Trade Commission (FTC) to...more

Ballard Spahr LLP

SCOTUS rules FTC Act Section 13(b) does not authorize FTC to seek restitution or disgorgement

Ballard Spahr LLP on

In a unanimous decision, the U. S. Supreme Court ruled today that Section 13(b) of the Federal Trade Commission Act (Act) does not authorize the FTC to seek, and a court to award, monetary relief such as restitution or...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Supreme Court: The FTC – The Chief Federal Agency on Privacy Policy and Enforcement Since the 1970s – May Not Have Ever Had...

While Europe is leveraging hefty fines against violators of the EU General Data Protection Regulation (GDPR), the United States Supreme Court heard oral arguments last month on whether the FTC – the chief federal agency on...more

Proskauer - Advertising Law

2020 Advertising Law Year in Review

While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 16, 2020

This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more

BCLP

CFPB Provides Guidance on UDAAP Abusive Standard

BCLP on

On January 24, 2020, the Consumer Financial Protection Bureau (CFPB) announced a new policy regarding the prohibition on abusive acts or practices. The CFPB has clarified how it will define, supervise and enforce “abusive”...more

Buchalter

CFPB Further Defines Abusiveness Standard; Expresses Intent to Limit Duplicative Enforcement

Buchalter on

In a Policy Statement effective on January 24, 2020, the CFPB addresses perceived uncertainty as to the scope and meaning of the abusiveness standard, and that the CFPB had in various enforcement actions asserted claims for...more

Ballard Spahr LLP

FTC files lawsuit against fuel card marketer

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The FTC has filed a lawsuit in an Atlanta federal district court against a company that markets fuel cards to operators of vehicle fleets in which the FTC alleges that the company violated the FTC Act’s prohibitions on unfair...more

Alston & Bird

Supreme Court Cases Threaten a “Cornerstone” of the FTC’s Enforcement Program – Disgorgement

Alston & Bird on

A&B ABstract:    For decades, the FTC has pursued defendants allegedly engaged in “unfair or deceptive acts or practices in or affecting commerce” in violation of the FTC Act....more

Troutman Pepper

Courts Ratchet Up Scrutiny of Implied Federal Agency Enforcement Tools

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Federal agencies have long wielded a set of enforcement tools not explicitly provided for by statute. Restitution—used by the Federal Trade Commission (FTC) to secure billions from defendants—and disgorgement—the Securities...more

Perkins Coie

SEC Touts Successes in Wake of Shutdown

Perkins Coie on

At this year’s PLI “SEC Speaks” conference held April 8-9, 2019, in Washington, D.C., the U.S. Securities and Exchange Commission’s leadership and staff showcased its 2018 successes and outlined initiatives that the SEC...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Upholds FERC’s Expansive Use of Anti-Market Manipulation Rule in Power Market “Gaming” Case

On March 30, 2018, the U.S. District Court for the Southern District of Ohio issued an order substantially denying defendants’ Motion to Dismiss the Federal Energy Regulatory Commission’s (FERC or the “Commission”) Complaint...more

Goodwin

FTC Accuses Student Loan Debt Relief Operation of Deceiving Consumers

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On February 7, 2018, the Federal Trade Commission (“FTC”) announced an enforcement action against a student loan debt relief operation, claiming it deceived consumers out of $28 million by falsely promising that their monthly...more

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