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FTC Settles with Payday Lender over Alleged UDAAP Violations

The United States District Court for the District of South Dakota Central Division entered a final order and judgment approving a settlement between the FTC and a payday lender, in which the company agreed to pay civil money...more

FTC v. Jerk.com: Did the FTC’s “Jerk.com” Complaint Just Turn API Terms into Federal Law?

The Federal Trade Commission’s announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5 enforcement...more

Nevada Federal Court Affirms FTC’s Authority Over Tribal Payday Lending Businesses

On March 19, the FTC reported that the U.S. District Court for the District of Nevada held that the FTC Act “grants the FTC authority to regulate arms of Indian tribes, their employees, and their contractors,” including...more

Overstock Case Could Alter the Landscape of Price Comparison Advertising

A California court ruled earlier this month that Overstock must pay a roughly $6.8 million penalty to settle claims that the retailer “routinely and systematically” made false and misleading claims about the prices of its...more

Recent Trends in Class Action and Aggregate Litigation in the Life Sciences Industry

Introduction - For the last several years, the life sciences industry has been fertile ground for class action and aggregate litigation. Developments in this area have driven several trends, including state consumer...more

Federal District Court Grants FTC Request, Halts Online Payday Operation

On August 29, the U.S. District Court for the Northern District of Illinois ordered an online payday loan operation to cease business activities and freeze assets in response to a complaint and memorandum filed by the FTC on...more

CFPB Files Complaint Alleging Violation of Telemarketing Sales Rule

The CFPB filed a complaint in the United States District Court for the Central District of California against a debt-relief service company alleged to have violated the FTC’s Telemarketing Sales Rule and engaged in deceptive...more

Florida District Court Orders Disgorgement Of Profits From Unfair, Deceptive Online Payday Loan Referral Practices

On July 18, the U.S. District Court for the Middle District of Florida held that an online payday loan referral business engaged in unfair and deceptive billing practices and failed to provide adequate disclosures to its...more

Advertising News & Analysis - April 25, 2013

In this issue: - Venable Welcomes Randy Miller - FTC Survey Estimates Fraud Affected 25.6 Million Americans in 2011 - New Florida Law May Axe Charitable Promos, Cause Marketing Campaigns - What to...more

What’s That Charge on My Mobile Phone Bill? The FTC Wants to Know

“Cramming” – while it sounds like the experience of being in the middle row of a cross-country flight – actually refers to unauthorized charges on phone bills. Residential and business telecommunications customers have...more

Risk Management (March 2013) - The New Rules of Consumer Protection: Six Steps for Banks to Manage Third-Party Compliance Risk

Financial services firms now routinely contract outside companies to market new services that these institutions did not develop internally, such as investment and insurance options. More than ever, third parties are...more

New EU Counterfeit Goods Regulation

On 24 January 2013, the Internal Market and Consumer Protection committee of the European Parliament endorsed a new Regulation 5129/2013/EC setting out customs procedures for goods suspected of infringing intellectual...more

Advertising Law -- April 27, 2012

In This Issue: Duracell Battery Class Action Lawsuit; Class Action Settlement Seeks To “Stop” GameStop’s Allegedly Deceptive Marketing Practices; Commercial Email with Falsified or Misrepresented Header Information...more

FTC Announces First Actions Against Auto Loan Modification Schemes

On April 4, the FTC released complaints filed recently against two operations allegedly engaged in deceptive auto loan modification schemes. According to the FTC, the two companies and several related individuals instructed...more

Victims of Work-from-Home Scam Receive Refunds via FTC

About 75,000 victims of a work-from-home scam have received refunds of the money they paid courtesy of the FTC. This scam offered an online work-from-home opportunity where the victims were sold access to job listings. The...more

In The Matter of "Verizon Wireless"

Complaint, Request for Investigation, Injunction, and Other Relief

EPIC Files Complaint, Urges FTC to Investigate Verizon's Recent Changes to Privacy Practices EPIC filed a complaint with the Federal Trade Commission charging that Verizon Wireless has engaged in unfair and deceptive...more

NJ Supreme Court Dodges Question of Whether Consumer Fraud Act Can Be Applied in Context of Commercial Dispute Between Merchants

In my prior articles I’ve reviewed the dramatic changes in the law of late, where New Jersey courts have applied the New Jersey Consumer Fraud Act (“CFA”) in any number of circumstances beyond the consumer context. ...more

California Court Dismisses UCL Claim Over Fiji Water

Sometimes a green drop is just a green drop. Last week, the California Court of Appeal, First Appellate District, dismissed a purported class action against the owners of Fiji Water, finding as a matter of law that the...more

Unterberg v Jimmy Carter and Simon & Schuster

Class Action Complaint re: Palestine: Peace not Apartheid

Class action complaint against Jimmy Carter and Simon & Schuster regarding Palestine: Peace not Apartheid on the ground that the book contains demonstrable falsehoods, omissions, and knowing misrepresentations designed to...more

Bully for Who? Thoughts on "trademark bullying" - Intellectual Property Magazine

The U.S. PTO has asked for commentary from the public about a hazily defined concept -- "trademark bullying." But we know what they mean. ...more

SEC v. Goldman Sachs & Co. and Fabrice Tourre

SEC v. Goldman Sachs & Co. and Fabrice Tourre Complaint (Form 8-k)

The Commission brings this securities fraud action against Goldman, Sachs & Co. (“GS&Co”) and a GS&Co employee, Fabrice Tourre(“Tourre”), for making materially misleading statements and omissions in connection with a...more

Second District Court of Appeal Confirms That Plaintiff Must Prove Reliance When Bringing Misrepresentation Claim Under UCL, FAL...

In the recently issued decision Princess Cruise Lines, LTD v. Superior Court, plaintiffs sued Princess Cruise Lines, Ltd. (“Princess”) over charges added to the price of shore excursions taken during a cruise. They alleged...more

Advertising Law - August 13, 2009

IN THIS ISSUE: *Alan Brunswick, L. Peter Parcher, Lee Phillips and Jordan Yospe Named to The Hollywood Reporter’s Power Lawyers Top 100 *Officials Say Craigslist Still Hosts Sex Ads *FTC Testifies About Efforts to...more

D.I. Food & Beverage of Las Vegas, LLC, et. al. advs. Deja Vu Showgirls of Las Vegas, LLC, et. al.

Motion to Dismiss

Motion to Dismiss Plaintiffs' Third Amended Complaint premised upon inviability of causes of action and prior dismissals in prior cases....more

DEFINING "PRICE GOUGING" BY EXAMINING THE (ONLY) SENSIBLE REASON TO PROHIBIT IT AND HOW THE PROHIBITION SHOULD WORK

During times of disaster many use the term “price gouging” as an epithet to describe and condemn seemingly large price increases for basic necessities. Many states have latched on to this epithet and enacted laws...more

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