Consumer Protection Antitrust & Trade Regulation Communications & Media

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Keeping it Legal: Managing FDA Compliance for Consumer-Generated Content

Social technology platforms allow manufacturers to leverage consumer-generated content about their products (“CGC”) more easily than ever before. Such CGC generally takes the form of written testimonials and product reviews...more

Why Can’t We Be Friends? FTC and FCC Formalize Cooperation in Consumer Privacy Enforcement

The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) recently formalized an agreement to cooperate when regulating the “deceptive, unfair, unjust and/or unreasonable” acts and practices of common...more

Are Your Company’s Social Media #Sweepstakes FTC Compliant?

Social media contests and sweepstakes have gone viral. They have not only caught the attention of consumers nationwide, they have caught the attention of the Federal Trade Commission....more

FCC and FTC Issue MOU for Continued Cooperation on Consumer Protection Matters

On November 16, the FCC and the FTC executed a Memorandum of Understanding (MOU) on continued cooperative efforts to protect consumers from unfair and deceptive acts and practices involving telecommunications services. In an...more

FCC and FTC Announce Consumer Protection Memorandum of Understanding

On Monday, the FCC and FTC published a Memorandum of Understanding in which the two agencies agreed to engage in greater coordination and collaboration on consumer protection issues, with greater respect for each agency’s...more

Disclosure Confusion in the Online Lead Generation Industry

This post is the second in a series we’re writing on the FTC’s workshop on online lead generation entitled Follow the Lead. In our first post, we explored how online lead generation works. Here, we will discuss two...more

Defining the Lines on Consumer Protection in the Broadband Era: What the Consumer Watchdog Order and the FCC-FTC Sign MOU Mean

In the last few weeks, the Federal Communications Commission (FCC or the “Commission”) has taken two significant steps to further clarify its role as an agency charged with protecting consumers. The first instance was a...more

FTC Finalizes Rule Banning Telemarketer Use of Remotely Created Payments

The Federal Trade Commission (FTC) has finalized changes to its telemarketing sales rule (TSR) that will prohibit sellers and telemarketers from creating or accepting remotely created payment orders or checks, cash-to-cash...more

The FTC Pressures Press Interactions, Defies Commercial Speech Doctrine

On Tuesday, the FTC joined the Department of Justice and several other federal agencies in announcing numerous recent and ongoing actions against dietary supplement marketers. The FTC, in its discussions, highlighted a case...more

FCC and FTC Reach Consumer Protection Memorandum of Understanding (MOU): Agencies Promise Cooperation, Express Shared Jurisdiction...

On November 16, 2015, the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) reached a Memorandum of Understanding (MOU) in which the two agencies agreed to engage in greater coordination and...more

“Walking the Line Between Innovation and Regulation” – BAA Law 2015 Conference

With prominent speakers from the Federal Trade Commission and National Advertising Division of the Better Business Bureau, the 37th Annual Brand Activation Association Marketing Law Conference provided a unique opportunity to...more

Weight-Loss Claims: How Many Studies Does the FTC Really Think It Takes?

On Tuesday, the FTC announced that it has sent warning letters to 20 marketers of weight-loss dietary supplements. The letters question whether the companies possess adequate support for claims and describe the scientific...more

Alert: FTC Focuses on Lead Generation Practices in Higher Education and Ed Tech

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

What you need to know about Hong Kong Competition Law (Part 4) - The Merger Rule and the Telco Rule

The implementation of the new Competition Ordinance (Chapter 619 of the Laws of Hong Kong) (the Competition Ordinance) on 14 December 2015 will mark the first time that Hong Kong has had a general and cross-sector competition...more

Sprint Agrees to Pay FTC $2.95 Million to Settle Risk-Based Pricing Rule Charges Under the FCRA

Mobile service providers frequently look at their customers’ credit reports and scores to determine the best pricing plans for those customers. But asa recent settlement between Sprint Corporation and the Federal Trade...more

LifeLock agrees to pay FTC $116M

We previously reported that the Federal Trade Commission (FTC) had filed suit against LifeLock alleging that it had violated a previous settlement with the FTC regarding false advertising and was in contempt....more

FTC Delays Decision on Proposal Under COPPA Rule

Parents and companies will have to wait a few more weeks before learning whether facial recognition technology can be used to verify parental consent under the Children’s Online Privacy Protection Act (COPPA)....more

Brussels Regulatory Brief: September/October

On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

FTC Announces Proposed Settlement with Telecommunications Company for Alleged FCRA Violations

On October 21, the FTC announced a $2.95 million settlement with a telecommunications company for alleged violations of the FCRA. According to the FTC, the company violated the FCRA’s Risk-Based Pricing Rule by failing to...more

New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. They can loan out a new phone, provide free access to an app, provide free products, etc., in exchange for publicity on social media....more

Cybersecurity + Law Enforcement: The Cutting Edge Symposium | Friday, October 16, 2015 RWU Law Bristol, RI

Cybersecurity, encryption, and government surveillance are daily challenges for public officials, corporations, and lawyers. On October 16, the Roger Williams University School of Law will present Cybersecurity and Law...more

FTC Fines Can Add Salt to a Cybersecurity Wound

Cyberattacks are on the rise—so much that we seem to hear about a high-profile hack more often than it probably rains in most parts of California. Although reputational damage from a cyberattack can be scarring, a recent U.S....more

The Second Circuit’s Apple Ebooks Opinion

The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks...more

TCPA FCC Petitions Tracker

Kelley Drye's Communications Practice Group presents this tracker of active Telephone Consumer Protection Act ("TCPA") petitions before the Federal Communications Commission ("FCC"). With the recent increase in litigation...more

FTC Announces Settlement Over Influencer Campaign for Xbox One

In January 2014, AdAge interviewed me about news reports that Machinima had hired influencers to create videos promoting Microsoft’s Xbox One gaming console and games. In a native advertising campaign, the influencers posted...more

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