In this episode of his "Clearly Conspicuous" podcast series, "The CFPB and State AGs Act Jointly Against Online Educational Company," consumer protection attorney Anthony DiResta discusses a joint enforcement action taken by...more
Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more
2/20/2024
/ Advertising ,
Communications Decency Act ,
Endorsements ,
Enforcement ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Online Reviews ,
Proposed Rules ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
In this episode of his "Clearly Conspicuous" podcast series, "The FTC Announces Three Important Developments," consumer protection attorney Anthony DiResta highlights six of the final changes in the revised endorsement...more
In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Action Against the Amazon Prime Program," consumer protection attorney Anthony DiResta examines the recent actions that the Federal Trade Commission...more
Holland & Knight hosted Michael Atleson, a senior attorney for the Federal Trade Commission (FTC or Commission), for a webinar presentation on Nov. 7, 2023. Mr. Atleson has been with the FTC for nearly two decades and...more
11/22/2023
/ Artificial Intelligence ,
Best Practices ,
Biden Administration ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Interagency Agreement ,
Machine Learning ,
Popular ,
Risk Management ,
Section 5
Artificial Intelligence (AI) is rewriting norms and changing the way we interact with the world. It is likely AI will have an outsized impact on every facet of life; this could be the start of the next technological...more
7/26/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biometric Information ,
Compliance ,
Data Collection ,
Deceptive Intent ,
Disclaimers ,
Discrimination ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Popular ,
Regulatory Agenda ,
Transparency ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC or Commission) and the Utah Division of Consumer Protection (DCP or Division; collectively with the FTC, Plaintiffs) brought law enforcement actions against defendants Nudge LLC, Dean...more
6/13/2023
/ Advertising ,
Business Opportunity Laws ,
Celebrity Endorsements ,
Consumer Privacy Rights ,
Endorsements ,
Enforcement Actions ,
Exploitation ,
False Statements ,
Federal Trade Commission (FTC) ,
Fraud ,
Marketing ,
Material Misstatements ,
Misrepresentation ,
Real Estate Investments ,
Settlement ,
Training ,
Unfair or Deceptive Trade Practices
For the first time ever, the Federal Trade Commission (FTC) is seeking enforcement under the Health Breach Notification Rule. This regulation requires certain businesses not covered by the Health Insurance Portability and...more
2/3/2023
/ Breach Notification Rule ,
Consent ,
Corporate Counsel ,
Data Breach ,
Data-Sharing ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Technology ,
HIPAA Breach ,
HIPAA Breach Notification Rule ,
Mobile Apps
The Federal Trade Commission (FTC) has increasingly prosecuted more deceptive U.S. origin claims under Section 5 of the FTC Act since the start of the COVID-19 pandemic than in the previous decade. This uptick in...more
1/27/2023
/ Advertising ,
Compliance ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labeling ,
Made in the USA ,
Marketing ,
New Guidance ,
Popular ,
Product Labels ,
Supply Chain ,
Unfair or Deceptive Trade Practices
In September 2022, the Consumer Financial Protection Bureau (CFPB) entered into a consent order against a large national bank for charging unfair and abusive overdraft fees. In support of its action, the Bureau noted that...more
When a consumer fails to pay a debt, the creditor may engage in proceedings to collect, which may result in a court issuing a garnishment notice directing a bank to freeze and turn over funds in the consumer's deposit account...more
A coalition of 34 state attorneys general announced on May 19, 2020, that it had secured a settlement with one of the nation's largest subprime auto financing companies for alleged violations of state consumer protection...more
The Federal Trade Commission (FTC) sent letters on March 27, 2020, and April 3, 2020, to several Voice over Internet Protocol (VoIP) service providers warning them that routing and transmitting illegal robocalls, including...more
The Consumer Financial Protection Bureau (CFPB) announced that it has entered into a consent order with online payment platform Dwolla Inc., alleging that Dwolla made false representations to consumers relating to its data...more
The Federal Trade Commission (FTC) announced today a major law enforcement initiative targeting deceptive and abusive debt collection practices. "Operation Collection Protection" is a nationwide initiative that the FTC is...more
Holland & Knight and the Word of Mouth Marketing Association (WOMMA) hosted a half-day forum that featured government officials discussing hot-button issues in consumer protection regulation and enforcement. Speakers at the...more
10/28/2015
/ American Express ,
Chamber of Commerce ,
CID ,
Civil Investigation Demand ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Protection ,
Data Security ,
Debt Collection ,
Disclosure Requirements ,
Enforcement Actions ,
FCC ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Mortgage Lenders ,
Popular ,
Privacy Concerns ,
Robocalling ,
Sharing Economy ,
Telecommunications ,
Telemarketing
On March 12, 2015, the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB), the two agencies in charge of the federal government's consumer protection mission, reauthorized their Memorandum of...more