News & Analysis as of

Consumer Protection Antitrust & Trade Regulation

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

California Court Weighs in on the FTC’s Data Security Enforcement Authority

This week, a District Court in Northern California weighed in on the U.S. Federal Trade Commission’s (FTC) authority to protect consumers from “unfair” and “deceptive” data security practices. The decision, which granted in...more

#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements

In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of...more

AD-ttorneys@law

by BakerHostetler on

Tom “Syndicate” Cassell and Trevor “TmarTn” Martin serve up high-octane reviews and commentary on games and gaming culture on YouTube. Both are wildly popular – Cassell’s YouTube channel is one of the top 100 subscribed...more

FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance

by Reed Smith on

This month, online gaming social media influencers Trevor Martin and Thomas Cassell settled the Federal Trade Commission’s first charges against individual failure to disclose material information in social media...more

FTC Takes Hard Line on Social Media Endorsements: Disclose, Disclose, Disclose... (It Matters Given Growing Reliance on Social...

The Federal Trade Commission (FTC) has unequivocally signaled this month that compliant endorsements on social media remain a high priority for this US consumer protection agency because endorsements carry weight and affect...more

FTC Settles Charges Regarding Privacy Shield Noncompliance

by Morgan Lewis on

On September 8, 2017, the US Federal Trade Commission (FTC) announced that three US companies have reached a settlement regarding charges that the companies misled consumers in connection with their participation in the EU-US...more

Eleventh Circuit Reinstates Auto Body Shops’ Antitrust Claims Against Insurers

In a 2-1 decision issued on September 7, 2017, the Eleventh Circuit reversed a district court decision dismissing antirust claims brought by auto body shops against a group of car insurance companies in the In re Auto Body...more

Preloaded Adware That Risked User Data Costs Lenovo $3.5 Million

by King & Spalding on

Last week, Lenovo Inc. agreed to pay $3.5 million to settle allegations that it installed monitoring and advertising software on its laptops. The lawsuit was brought by the Federal Trade Commission (“FTC”) and 32 state...more

The life sciences industry under the antitrust spotlight in China: two practical points

by Hogan Lovells on

The simple fact is that the Chinese antitrust regulators are determined to up their enforcement activities in the life sciences industry. Almost immediately after drug pricing was liberalised in 2015, an antitrust enforcement...more

Federal Judge Declares the Rule of Reason Will Apply in Criminal Antitrust Case and Dismisses the Case as Barred Under the Statute...

by Hogan Lovells on

On August 28, a Utah federal judge held in United States v. Kemp & Associates, et al. that he will apply the rule of reason standard in a criminal prosecution against an heir-locator company for allegedly colluding with its...more

State Attorneys General Vigilant on Price Gouging Following Hurricanes Harvey and Irma

by Jones Day on

Many states have prohibitions on price gouging that go into effect during states of emergency. In this hurricane season, seven U.S. states and territories have declared emergencies. The Impact: Although hurricanes often...more

Federal Trade Commission Reaffirms Commitment to Enforce EU-US Privacy Shield

by Dechert LLP on

The U.S. Federal Trade Commission (FTC) recently settled enforcement actions against three companies accused of misleading consumers about their participation in the European Union-United States Privacy Shield framework,...more

FTC Cracks Down on Lead Generation Company’s Indiscriminate Sharing of Consumers’ Sensitive Data

On July 3, 2017, the Federal Trade Commission (FTC) announced that it had settled charges that defendants Blue Global, an operator of dozens of consumer loan lead generation websites, and its founder and CEO, Christopher Kay,...more

Outlet And Factory Class Actions Take A Hit: California Court of Appeal Confirms Companies Can Sell Made-For-Outlet Product At...

Over the past two years, class actions have been filed against nearly every major retailer challenging various sales and pricing practices. Many of these have focused on outlet stores (sometimes called “factory” stores)....more

Lenovo Agrees to Settle Data Security Case with FTC and 32 AGs

The Federal Trade Commission (FTC) announced on September 5, 2017, that it has settled with Lenovo regarding allegations that Lenovo “harmed customers by pre-loading software on some laptops that compromised security...more

The State AG Report Weekly Update

by Cozen O'Connor on

Antitrust- Washington Attorney General Files Antitrust Lawsuit Against Health Care Providers Over Alleged Price-Fixing- Washington AG Bob Ferguson filed a lawsuit against health care providers Franciscan Health System...more

Is Outdated Information on Your Website Putting Your Company At Risk?

by Foley & Lardner LLP on

With all of the attention given to upgrading cybersecurity, it can be easy to forget that outdated content on a company’s website also can be a source of risk. Nearly all company websites include information regarding the...more

Home Depot Agrees to $5.7 Million Civil Penalty to Settle Allegations it Sold Recalled Products

by Miles & Stockbridge P.C. on

The U.S. Consumer Product Safety Commission (“CPSC”) announced on August 29 it has provisionally agreed with Home Depot U.S.A., Inc. to a $5.7 million settlement of allegations that the retailer unlawfully sold recalled...more

AD-ttorneys@law

by BakerHostetler on

Slick, well-produced fake talk shows promoted dubious products and undisclosed payment plans. The Federal Trade Commission and the Maine attorney general accused XXL Impressions, ad agency Synergixx, marketing company J2...more

Passwords Remain Important for Data Security, FTC Reminds Businesses

For the most recent installment in the Federal Trade Commission’s “Stick with Security” series, the agency’s blog post focused on passwords....more

"Better Deal" Legislative Proposal Would Overhaul U.S. Antitrust Merger Review

by Jones Day on

A number of Democrats in Congress have proposed to revamp U.S. antitrust law with a "Better Deal" economic plan. The proposed legislation takes aim at large corporations and includes measures that are at odds with decades of...more

Just Push the Button! Instagram’s Response to Influencers, Hashtags and Disclosures

by Patrick Law Group, LLC on

In April, the Federal Trade Commission (“FTC”), after reviewing Instagram posts by celebrities, athletes, and social media influencers, issued 90 letters reminding influencers and marketers about the FTC’s requirements that...more

FTC Settles GLBA Enforcement Action Against TaxSlayer Stemming From 2015 Data Breach

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) this week announced a consent order with TaxSlayer, LLC, an online tax preparation services provider, to settle claims that the company violated the Gramm-Leach-Bliley Act (GLBA) Safeguards...more

D.C. Circuit Affirms Dismissal of Third-Party Presidential Candidates’ Antitrust Claims

On August 29, 2017, the D.C. Circuit affirmed the district court’s decision dismissing a suit filed by 2012 third-party presidential candidates Gary Johnson and Jill Stein, their running mates, their campaigns, and the...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections - Delaware Attorney General Will Not Seek Re-election in 2018 - Delaware AG Matt Denn announced on his public Facebook page that he will not seek re-election in 2018. AG Denn, a Democrat, was elected to...more

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