News & Analysis as of

Enforcement Actions Deceptive Intent

Hinch Newman LLP

FTC Announces Final Rule Banning Fake and False Consumer Reviews and Testimonials

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On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more

Troutman Pepper

Michigan AG Launches Investigation Into Deceptive Practices by Pest Control Operators

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Last week, Michigan Attorney General (AG) Dana Nessel formally launched an investigation under the Michigan Consumer Protection Act (MCPA) into the marketing and business practices of a group of interconnected pest control...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - October 2023

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Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...more

Holland & Knight LLP

The FTC Is Regulating AI: A Comprehensive Analysis

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Artificial Intelligence (AI) is rewriting norms and changing the way we interact with the world. It is likely AI will have an outsized impact on every facet of life; this could be the start of the next technological...more

Goodwin

NJ AG Enters into Consent Order with Mortgage Servicer

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On July 1,​​​​​​​ 2023, the New Jersey Division of Consumer Affairs, Office of Consumer Protection (Division) entered into a consent order with a national mortgage servicer. According to the Division’s press release, the...more

Sheppard Mullin Richter & Hampton LLP

CFPB, FTC Continue Crack Down on Debt Relief Schemes

On May 5, the CFPB announced that it has sent payments totaling more than $22 million to approximately 6,500 individuals who were harmed by a Maryland-based debt-relief and credit-repair company that marketed and sold...more

Orrick, Herrington & Sutcliffe LLP

FTC orders refunds over compromised health data

On March 2, the FTC filed a complaint against an online counseling service alleging the respondent violated the FTC Act by monetizing consumers’ sensitive health data for targeted advertising purposes. As part of the process...more

Orrick, Herrington & Sutcliffe LLP

9th Circuit orders district court to reassess $7.9 million civil penalty against payments company

On January 27, the U.S. Court of Appeals for the Ninth Circuit ordered a district court to reassess its decision “under the changed legal landscape since its initial order and opinion” in an action concerning alleged...more

Orrick, Herrington & Sutcliffe LLP

CFPB and New York say auto lender misled consumers

On January 4, the CFPB and New York attorney general filed a complaint against a Michigan-based auto finance company accused of allegedly misrepresenting the cost of credit and deceiving low-income consumers into taking out...more

Hinch Newman LLP

FTC Attorney Tips for Ad Agencies and Review Sites Concerning Proposed Endorsement Guide Rule

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The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022. The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more

Wiley Rein LLP

FTC Commences Rulemaking Targeting Business and Government Impersonation Fraud

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On December 16, the Federal Trade Commission (FTC) voted 4-0 to issue an Advance Notice of Proposed Rulemaking (ANPRM) to commence a rulemaking targeting rising business and government impersonation fraud. Critically, the...more

Vinson & Elkins LLP

Is Your Green Marketing Deceptive? Look To The FTC Green Guides To Limit The Risk Of An FTC Enforcement Action

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In the mid-2000s, businesses unleashed “a virtual tsunami of environmental marketing,” responding to increased consumer demand for products and services perceived to be environmentally friendly, or “green.”1 This consumer...more

Ballard Spahr LLP

Consumer Financial Protection Bureau Files Complaint Alleging Defendants Engaged in Unlawful Conduct in Connection with Mortgage...

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On September 6, 2019, the Bureau filed a complaint in federal court in the Central District of California against Certified Forensic Loan Auditors, LLC (CFLA) and Andrew Lehman (Lehman) in connection with their offering,...more

Manatt, Phelps & Phillips, LLP

State AGs Keep Busy With Enforcement Actions

Continuing to fill in gaps at the federal level, state attorneys general are keeping busy with enforcement actions, and on issues that might have received more CFPB attention under the old Cordray regime....more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #182 – FTC Issues 2018 Annual Report on Data Privacy and Security

In the midst of unending robocalls, news of big tech companies collecting, using and monetizing consumers’ information, hackers and scammers, we forget that anyone is doing anything to protect our privacy....more

Fenwick & West LLP

SEC and DOJ Charge Former Executives of Private Company for Misrepresenting the Company’s Technology - A Reminder that Private...

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In a case reminiscent of last year’s blockbuster government actions against Theranos and its former executives, the U.S. Department of Justice and the U.S. Securities and Exchange Commission have separately charged two former...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - March 2017

Retailers Prevail Over Pharmacy Customers in California Tax Suit - Retailers have won a victory in the realm of California taxation in McClain v. Sav-on Drugs (March 13, 2017) __ Cal.App.5th __ (Nos. B265011 &...more

Maynard Nexsen

The CFPB Enforcement Action Against Navy Federal Credit Union and the Broad Sweep of UDAAPs

Maynard Nexsen on

This past October, the Consumer Financial Protection Bureau (“CFPB”) took action against Navy Federal Credit Union, the largest credit union in the country. In doing so, the CFPB relied upon one of its favorite enforcement...more

WilmerHale

The Scope Of SEC Defendants' Jury Trial Right: Part 4

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This is the last of four articles examining the scope of the Seventh Amendment jury trial right as applied to the facts that set the maximum monetary penalty a judge may impose against a civil defendant in a U.S. Securities...more

Proskauer - Corporate Defense and Disputes

CFTC Accuses Firm Manually Entering Orders Of Spoofing Scheme That Fooled Algorithmic Traders

Potentially abusive trading algorithms, such as algorithms that purportedly engage in “spoofing” or “layering” are the subject of considerable regulatory interest. However, in an interesting complaint filed on October 19,...more

Akin Gump Strauss Hauer & Feld LLP

Antitrust-Related Recent Developments: DOJ settles gun-jumping case, FTC issues fines for failure to submit HSR filing and FTC...

DOJ fines particleboard manufacturers $4.95 million for gun-jumping violations - On Friday, November 7, 2014, two companies agreed to pay $4.95 million to settle U.S. Department of Justice (DOJ) allegations that the...more

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