This insight was initially published in 2022 and updated in August 2024. The Federal Trade Commission (FTC) has continued to ramp up its investigation and enforcement efforts to address unfair or deceptive acts or practices...more
The Federal Trade Commission (FTC) has released a notice of proposed rulemaking meant to prohibit unfair or deceptive fees, often referred to as junk fees. The proposed rule would prohibit...more
What’s Happening? The U.S. Federal Trade Commission (FTC) has requested comment on whether to retain, modify or rescind the Green Guides, which were originally issued in 1992 and last revised in 2012. Comments are due April...more
3/2/2023
/ Advertising ,
Corporate Counsel ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
FTC Act ,
Green Guides ,
Green Marketing ,
Greenwashing ,
Marketing ,
Section 5 ,
Sustainability ,
Unfair or Deceptive Trade Practices
On December 19, 2022, the FTC announced two record-breaking settlements with Epic Games, Inc.—a video game developer, best known for the game Fortnite—for a combined total of $520 million: The key takeaways from these...more
The Federal Trade Commission (FTC) has continued to ramp up its investigation and enforcement efforts in 2022 to address unfair or deceptive acts or practices in the privacy, cybersecurity and consumer protection space. With...more
Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases that provide it with the opportunity to severely restrict the Federal Trade Commission’s (“FTC’s”) authority to obtain equitable money relief in...more
7/27/2020
/ Certiorari ,
Civil Monetary Penalty ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Misleading Statements ,
Popular ,
SCOTUS ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (“FTC”) plans to aggressively police companies that use deceptive marketing to take advantage of consumers’ fears relating to the COVID-19 pandemic....more
On August 21, 2019, the U.S. Court of Appeals for the Seventh Circuit held in FTC v. Credit Bureau Center, LLC, 2019 WL 3940917 (7th Cir. 2019) that the Federal Trade Commission (“FTC”) lacks authority to obtain monetary...more
10/4/2019
/ Administrative Authority ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Monetary Penalty ,
Competition ,
Cybersecurity ,
Equitable Relief ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Injunctions ,
Misleading Statements ,
Unfair or Deceptive Trade Practices
Amidst mounting pressure to pursue cybersecurity more aggressively, the Federal Trade Commission (“FTC”), the federal government’s most active enforcer in the space, has recently imposed increasingly stringent cybersecurity...more
8/22/2019
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Enforcement Actions ,
Equifax ,
Federal Trade Commission (FTC) ,
Hackers ,
LabMD ,
Litigation Strategies ,
Personally Identifiable Information ,
Settlement Agreements
In an increasing trend, the Federal Trade Commission (FTC) joined other federal regulators seeking to hold individuals – not just companies – liable in enforcement proceedings. The most recent target was San Francisco-based...more
5/30/2019
/ Antitrust Provisions ,
Automatic Enrollment ,
E-Commerce ,
Enforcement Actions ,
Failure To Disclose ,
Federal Trade Commission (FTC) ,
Free Trials ,
Misrepresentation ,
Online Endorsements ,
Online Reviews ,
ROSCA ,
Subscription Services ,
Terms of Service ,
Unfair or Deceptive Trade Practices
In June 2018, medical laboratory LabMD obtained the first-ever court decision overturning a Federal Trade Commission (FTC) cybersecurity enforcement action. (The team directing that effort – led by Doug Meal and Michelle...more
3/14/2019
/ Cease and Desist Orders ,
Corporate Counsel ,
Cybersecurity ,
Data Security ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctive Relief ,
LabMD ,
Popular ,
Remediation
The FTC has long asserted it has the authority to bring actions in federal court to obtain injunctive relief and equitable monetary remedies (e.g. disgorgement, consumer redress) for unfair and deceptive practices....more
On March 21, 2018 the Federal Reserve lifted its federal funds rate by a quarter percentage point to a range of 1.5% to 1.75%, the highest level since 2008. ...more
As new legislation aimed at facilitating greater cybersecurity information sharing between private industry and government takes effect (i.e., Cybersecurity Information Sharing Act), FinCEN Director Jennifer Shasky Calvery...more