In June 2024, the US Federal Trade Commission (FTC) and the Department of Justice jointly filed a complaint under the Restore Online Shoppers’ Confidence Act (ROSCA) in the US District Court for the Northern District of...more
In a unanimous, bipartisan decision, the Federal Communications Commission (FCC) has issued a declaratory ruling to confirm that artificial intelligence-generated voices are “artificial” under the Telephone Consumer...more
Marketers that solicit sales or advertise products or services using “robocalls” or “robotexts” (i.e., calls or texts that are initiated using an “automatic telephone dialing system” or voice calls made using an artificial or...more
On February 27, 2023, the US Federal Trade Commission (FTC) published new Business Blog guidance from Division of Advertising Practices staff about marketing claims for artificial intelligence products. While prior FTC AI...more
In December 2022, the Federal Trade Commission released its Health Product Compliance Guidance, updating and replacing its 1998 industry advertising guidelines on dietary supplements. Unlike the 1998 guidelines, the new guide...more
On November 3, 2022, the Federal Trade Commission (FTC) announced a $100 million settlement with Vonage, a provider of Voice over Internet Protocol (VoIP) services to residences and small businesses. The FTC alleges that...more
Key Takeaways -
On August 11, 2022, the Federal Trade Commission announced an advance notice of proposed rulemaking (ANPR) to initiate a process that would allow it to develop and enforce rules on what the FTC has termed...more
On Thursday, May 19, 2022, the five Federal Trade Commission (FTC) Commissioners unanimously approved a Policy Statement on the Children’s Online Privacy Protection Act (COPPA). President Joe Biden issued a statement of...more
On May 16, 2022, eight months after President Joe Biden announced his intention to nominate Alvaro Bedoya to serve as a commissioner of the Federal Trade Commission, Bedoya was sworn in. The FTC includes five commissioners –...more
Nearly a year after the Supreme Court stripped the FTC of its ability to obtain equitable monetary relief under Section 13(b) of the Federal Trade Commission Act (FTCA) in AMG Capital Management LLC v. FTC, the Commission...more
On March 22, 2022, the Consumer Financial Protection Bureau announced that it has issued guidance designed to dissuade financial institutions from curbing consumers’ rights to post online reviews. Specifically, the CFPB put...more
On October 4, 2021, California Gov. Gavin Newsom signed into law Assembly Bill 390, which adds new renewal reminder notice requirements and cancellation requirements to California’s already-demanding Automatic Renewal Law...more
The FTC announced that it had issued Notices of Penalty Offense to for-profit colleges and was cracking down on unfair and deceptive conduct in the education marketplace.
During a closed press conference last week, the...more
The US Supreme Court ruled last week that the Federal Trade Commission doesn’t have the authority to seek equitable monetary relief in federal court under Section 13(b) of the FTC Act in AMG Capital Management LLC v. FTC....more
In a widely anticipated decision in Barr v. American Association of Political Consultants, the US Supreme Court determined that an exception to the Telephone Consumer Protection Act (TCPA) that allowed robocalls to mobile...more
7/13/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
In response to the COVID-19 pandemic, the FCC has issued a narrow order exempting healthcare providers and certain government entities from the prohibitions on autodialed and prerecorded telephone calls and automated text...more
On December 30, President Donald Trump signed new legislation aimed at addressing illegal robocalls and, particularly, scam calls. The legislation passed the US House and Senate by overwhelming bipartisan votes earlier in...more
The Federal Trade Commission has recently updated guidance on the use of endorsements in The FTC's Endorsement Guides: What People Are Asking, which address the use of social media and paid influencers to promote companies...more
On July 29, 2016, the Federal Trade Commission (FTC or Commission) announced its long-awaited decision in its LabMD enforcement action. The Commissioners reversed the decision of an Administrative Law Judge (ALJ) and held...more
8/5/2016
/ Administrative Law Judge (ALJ) ,
Covered Entities ,
Data Breach ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
LabMD ,
Likelihood of Harm ,
Popular ,
Section 5 ,
Unfair or Deceptive Trade Practices
On June 22, the Federal Trade Commission ("FTC") announced that it would settle its first-ever enforcement action against a mobile advertising company, InMobi. InMobi agreed, subject to court approval of the settlement, to...more
Less than three months after the Federal Trade Commission issued new guidelines on native advertising, the agency announced an enforcement action against national retailer Lord & Taylor.
The FTC alleged on March 16, 2016...more
Federal Trade Commission ("FTC") charges against the cancer-screening laboratory LabMD, stemming from two data breaches involving sensitive personal information of thousands of consumers were dismissed in a decision made...more
On Friday, October 30, 2015, the Federal Trade Commission conducted a workshop in Washington, DC on lead generation practices, with a specific consumer protection focus on activities in the higher education sector including...more
On September 1, 2015, the Digital Advertising Alliance ("DAA") began enforcing the application of its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data (the "OBA Principles", the "MSD...more
9/15/2015
/ Advertising ,
Behavioral Advertising ,
Covered Entities ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
Digital Advertising Alliance ,
Direct Marketing Association ,
Geolocation ,
Mobile Apps ,
Online Advertisements ,
Popular ,
Prior Express Consent ,
Self-Regulatory Organizations ,
Transparency
On July 10, 2015, the Federal Communications Commission (FCC or Commission) released an order that purports to respond to numerous different petitions asking the agency for clarification regarding the federal Telephone...more
7/19/2015
/ Auto-Dialed Calls ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Apps ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Smartphones ,
TCPA ,
Text Messages