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The CFPB and FTC Agree to Continue to Coordinate

In March 2015, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) reauthorized their 2012 Memorandum of Understanding (MOU), extending it for a three-year term with a few small administrative...more

No Purchase Necessary: Six Tips for Making Sure Your Online Prize Promotion is not an Illegal Lottery

The Federal Trade Commission’s recent $9.5 million judgment against sweepstakes operator Crystal Ewing is a stark reminder that prize promotions remain fertile ground for regulatory scrutiny both on the state and federal...more

Proceed with Caution: Vehicle to Vehicle Communication Technology

Will the brave new world of automobiles include talking vehicles? According to a plan by the National Highway Traffic Safety Administration (“NHTSA”), the answer is yes. NHTSA has provided advanced notice that it intends to...more

Advertising Law - March 2015 #5

Paying for Consumer Reviews Gets Company FTC Action - Accused of failing to disclose that it gave cash discounts to customers to post online reviews, AmeriFreight and owner Marius Lehmann agreed to a settlement with...more

Cross-Device Tracking: The New World

Facebook does it. Google does it. It’s everywhere in the mobile ad ecosystem. And your smartphone does it often than you know, according to a study released on Monday by Carnegie Mellon....more

Data privacy, security and breach notification bill passes through House subcommittee

A closely watched bipartisan national data privacy, security, and breach notification bill cleared a House subcommittee yesterday, sending it to the full House Energy and Commerce Committee for review. There have been many...more

CFPB Casts Doubt on Pre-dispute Consumer Arbitration Clauses

Earlier this month, the Consumer Financial Protection Bureau (CFPB), a bureau of the Federal Trade Commission, released its Arbitration Study Report to Congress. The report suggests that pre-dispute arbitration clauses and...more

Update on the DOJ's Criminal Investigation into Generic Pharmaceuticals

The Department of Justice Antitrust Division's (DOJ's) investigation into the generic pharmaceutical industry may be expanding. On March 15, 2015, a third generic manufacturer disclosed that it received a subpoena from the...more

FTC Creates New Office Focused on Privacy and Data Security

Earlier this week the Federal Trade Commission (“FTC”) announced the formation of the Office of Technology Research and Investigation within its Bureau of Consumer Protection. The office will succeed the Mobile Technology...more

Target Settles Consumer Data Breach Class Action for $10 Million

On Thursday, just three months after a district court judge in Minnesota denied Target’s motion to dismiss the consumer class action following the retailer’s massive 2013 data breach, the court granted preliminary approval of...more

U.S. Supreme Court case examines authority of state health care licensure boards and patient safety

Many individuals may find comfort in the knowledge that their doctors, dentists and other healthcare professionals are required to pass rigorous testing in order to receive their licenses. These licenses are issued by each...more

FTC and CFPB Reauthorize Memorandum of Understanding

On March 12, the FTC announced its coordination with the CFPB to reauthorize for a three-year term their memorandum of understanding (MOU), which outlines the two agencies’ coordination under the Consumer Financial Protection...more

Canadian Competition Bureau Steps Up Enforcement Efforts, Including First CASL-Related Proceeding

Although Canada’s Competition Bureau (Bureau) has been focused the past year on enhancing its advocacy and competition compliance roles, the Bureau has also demonstrated its continued willingness to use formal investigative...more

The New Frontier in Interest Based Advertising: FTC Shifts Focus to Cross-Device Tracking

As consumers increasingly connect to the Internet using multiple devices—such as mobile phones, tablets, computers, TVs and wearable devices—advertising technology companies have rapidly developed capabilities to reach the...more

CFIUS Report Reflects Continued Need to Plan for Government Scrutiny of Cross-border Transactions

The Committee on Foreign Investment in the United States (CFIUS) recently reported its 2013 activities, confirming the continuation of its heightened review and investigation of certain foreign direct investments in U.S....more

Health Update - March 2015

Supporting Informed Decision Making in the Health Insurance Marketplace: A Progress Report - Editor’s note: As Affordable Care Act (ACA) implementation moves forward and the marketplace continues to evolve, there is a...more

Supreme Court Asked to Clarify the Reach of U.S. Antitrust Laws to Foreign Conduct

On March 16, 2015, AU Optronics Corporation America Inc. (AU Optronics) and Motorola Mobility LLC separately asked the U.S. Supreme Court to clarify the Foreign Trade Antitrust Improvements Act (FTAIA) and the extent to which...more

While FDA’s Proposed e-Cigarette Rule is Pending, FTC Mulls Enforcement Action

Ahead of finalizing FDA’s tobacco products “deeming” rule, the FTC considers taking enforcement action against e-cigarette firms for violative advertising, marketing, and sales practices....more

Privacy Tuesday – March 2015: COPPA Refresh

On Friday, the FTC published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and...more

FTC Focuses on Emerging Technologies Amid Congressional Efforts to Expand Data Security Enforcement

Monday the Federal Trade Commission’s (FTC) Bureau of Consumer Protection (BCP) announced the creation of the Office of Technology Research and Investigation (OTRI), a new initiative focused on consumer protection in emerging...more

When is Data Security “Unfair”?

Data security is big news. And so is the Federal Trade Commission (“FTC”). Put the two together in a crucible of litigation, and it is sure to be a blockbuster. That is what the closely-watched case FTC v. Wyndham, now...more

Health Care E-Note - March 2015

In This E-Note: - Health Care Reform in America: The Good, The Bad and The Ugly - The Federal False Claims Act - Violations of Conditions of Payment or Conditions of Participation? - State Regulatory...more

Health Sector Under ACCC Spotlight In 2015

ACCC ENFORCEMENT PRIORITIES - The Australian Competition and Consumer Commission (ACCC) has released its enforcement priorities for 2015, with the Chairman of the ACCC giving a speech on the topic last week. Each year,...more

NY Attorney General Enters into Far-Reaching Settlement with Largest Credit Reporting Agencies

New York Attorney General Eric Schneiderman recently announced that his office reached a landmark settlement with the nation’s three leading credit reporting agencies (CRAs) that will require them to significantly reform,...more

Food for Thought: Mirabella v. Vital Pharmaceuticals, Inc.

In Mirabella v. Vital Pharmaceuticals, Inc., consumers sued the manufacturer of Redline Xtreme Energy Drink, alleging that the manufacturer concealed the dangerous side effects of the energy drink. Plaintiffs requested relief...more

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