The Federal Trade Commission (FTC or Commission) has issued a final rule prohibiting fake consumer reviews and testimonials. The rule also permits the FTC to seek civil penalties against violators who knowingly violate the...more
8/21/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC or Commission) held an informal hearing on its proposed trade regulation rule prohibiting marketers from using fake consumer reviews and testimonials on February 13, 2024. Three parties who...more
2/27/2024
/ Advertising ,
Antitrust Provisions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
NPRM ,
Online Platforms ,
Online Reviews ,
Proposed Rules ,
Regulatory Agenda ,
Testimonial Statements
The Federal Trade Commission (FTC) has fined online fashion retailer Fashion Nova $4.2 million to settle allegations that the company blocked negative reviews of its products from being posted on its website. The FTC said...more
2/3/2022
/ Advertising ,
E-Commerce ,
Enforcement Actions ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internet Retailers ,
Misrepresentation ,
Online Advertisements ,
Online Platforms ,
Online Reviews ,
Policies and Procedures ,
Retail Market ,
Risk Management ,
Settlement Agreements ,
Statutory Violations ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have filed the first case under the COVID-19 Consumer Protection Act, a law passed by Congress in December 2020 that imposes financial penalties on...more
The Federal Trade Commission (FTC or Commission) staff has issued a report highlighting the agency’s ongoing efforts to protect consumers during the COVID-19 pandemic. The report discusses challenges consumers face during the...more
Deceptive rankings and fake reviews triggered a Federal Trade Commission (FTC) action for a comparison shopping website—and a warning to other companies.
Delaware-based LendEDU operates a website that compares consumer...more
In a joint warning letter, the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) cautioned Rooted Apothecary LLC about the claims it made for its cannabidiol (CBD) products....more
Adding to a series of actions challenging online “free trial” offers that involve negative option plans, the Federal Trade Commission announced a new lawsuit against a Puerto Rico-based defendant and his companies....more
Fake Subscription Notices, Real FTC Lawsuit -
Fake subscription notices are the subject of a new lawsuit filed by the Federal Trade Commission in an Oregon federal court.
The defendants, a web of dozens of...more
5/19/2016
/ Civil Forfeiture ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
FTC Act ,
Job Applicants ,
Lead Generators ,
Misrepresentation ,
Petition for Writ of Certiorari ,
POM Wonderful ,
Scientific Evidence ,
SCOTUS ,
Section 5 ,
Unfair or Deceptive Trade Practices ,
Weight-Loss Products
New in False Advertising Lawsuits: Security Systems and Oatmeal -
Class action complaints alleging false advertising run the gamut of products and services, and recent lawsuits filed across the country bear this...more
3/25/2016
/ CLRA ,
Consumer Financial Protection Bureau (CFPB) ,
Data Security ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internet Retailers ,
Joint and Several Liability ,
Misrepresentation ,
PCI-DSS Standard ,
Personal Liability ,
Section 5 ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing
Tech Company Settles With FTC Over Installation of Apps Without Permission -
A technology company that allegedly replaced a Web browser game with a program that installed apps on mobile devices without permission has...more
3/10/2016
/ Advertising ,
Celebrity Endorsements ,
Data Security ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Mobile Apps ,
Network Security ,
Scams ,
Telemarketing Sales Rule
EU, U.S. Reach Data Deal—Not a Harbor, but a Shield -
After the deadline expired to reach a deal on a new Safe Harbor for the transatlantic transfer of data, the European Union and the United States reached an agreement...more
2/22/2016
/ Advertising ,
Article 29 Working Party (WP29) ,
Clear and Convincing Evidence ,
Comparative Advertising ,
Defamation ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
FTC Act ,
International Data Transfers ,
Kohls ,
Libel ,
Made in the USA ,
Misrepresentation ,
Personal Data ,
Product Labels ,
Public Figures ,
Twitter ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing ,
US-EU Safe Harbor Framework
Uber Drives Settlement With NY AG Over Data Breach, Privacy Violations -
In a pair of settlements, ride-sharing company Uber agreed to pay a $20,000 fine for failing to report a data breach in a timely manner as...more
2/1/2016
/ Attorney General ,
Big Data ,
Class Action ,
Class Action Arbitration Waivers ,
Data Breach ,
ECOA ,
Fair Credit Reporting Act (FCRA) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fitbit ,
FTC Act ,
Geolocation ,
Personal Data ,
Privacy Policy ,
Uber ,
Unconscionable Contracts
Battle Over Legality of Daily Fantasy Sports Sites Continues -
It may be a new year, but the battle over the legality of the FanDuel and DraftKings daily fantasy sports sites continues.
New York Attorney General...more
Game's Over: Jordan, Grocers Settle Publicity Rights Suits -
To avoid a second trial in litigation initiated by Michael Jordan challenging the use of his likeness in a commemorative issue of Sports Illustrated, the...more
12/10/2015
/ Commercial Speech ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
FTC Act ,
GMO ,
Memorandum of Understanding ,
Michael Jordan ,
Right of Publicity ,
YouTube
New York AG Asks Court to Bench DFS -
In the continuing drama surrounding Daily Fantasy Sports (DFS), New York's Attorney General Eric Schneiderman responded to lawsuits by DraftKings and FanDuel by seeking a...more
12/4/2015
/ Advertising Substantiation ,
Attorney General ,
Data Security ,
Dietary Supplements ,
DraftKings ,
FanDuel ,
Fantasy Sports ,
Federal Trade Commission (FTC) ,
FTC Act ,
LabMD ,
Preliminary Injunctions ,
Section 5 ,
Telemarketing Sales Rule
"Flying Rabbi" Suit Crash Lands in NY Appellate Court -
A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel...more
10/16/2015
/ Advertising ,
Comparative Advertising ,
Confidentiality Agreements ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Dietary Supplements ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Invasion of Privacy ,
Jurisdiction ,
Misappropriation ,
Mobile Apps ,
NAD ,
Name and Likeness ,
Non-Disparagement Provisions ,
Online Endorsements ,
Permanent Injunctions ,
Public Interest ,
Puffery ,
Redress Payments ,
Right to Privacy ,
Section 5 ,
Social Media ,
Television Shows ,
Truth in Advertising ,
Unfair or Deceptive Trade Practices ,
Video Privacy ,
YouTube
Third Circuit Affirms FTC's Power to Regulate Data Security Practices -
Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency...more
9/17/2015
/ Celebrity Endorsements ,
Cost-Benefit Analysis ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC v Wyndham ,
GMO ,
Governor Brown ,
Jared Fogle ,
Labeling ,
Made in the USA ,
Michael Jordan ,
New Legislation ,
Personally Identifiable Information ,
Privacy Policy ,
Right of Publicity ,
Section 5 ,
Subway ,
Unfair or Deceptive Trade Practices
In Case You Missed It: Possible Jail Time for TCPA Violations, Microsoft Gets Slammed With Solicitation Scam Class Action, and 'Do Not Disturb' Technology Gets Pushed on FCC -
The world of the Telephone Consumer...more
8/28/2015
/ Alzheimer's ,
Amarin ,
Celebrity Endorsements ,
Class Action ,
Data Brokers ,
Data Privacy ,
Data Security ,
Dietary Supplements ,
Do Not Disturb ,
FCC ,
FDA Approval ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
First Amendment ,
FTC Act ,
GRAS ,
Instagram ,
Kim Kardashian ,
Morgan Stanley ,
Off-Label Promotion ,
Off-Label Use ,
Payday Loans ,
Personally Identifiable Information ,
Pharmaceutical Industry ,
Preliminary Injunctions ,
Prescription Drugs ,
Public Health ,
Section 5 ,
TCPA ,
Third-Party