Enforcement Actions Federal Trade Commission

News & Analysis as of

3rd Circuit Says: FTC Can Take Action Against Companies That Suffer Data Security Breaches

Companies can be fined by the federal government for failing to properly safeguard consumer data, according to a decision this week by Pennsylvania's federal appellate court....more

Recent Appellate FTC Cybersecurity Ruling

On August 24, 2015, the United States Court of Appeals for the Third Circuit ruled that the Federal Trade Commission (hereinafter “FTC”) has the power under the FTC Act to police companies that fail to employ adequate...more

Antitrust Enforcement Agencies Release Annual Report Summarizing 2014 Merger Enforcement Activity Under Hart-Scott-Rodino

The Hart-Scott-Rodino Antitrust Improvements Act (HSR) requires parties to a proposed acquisition of voting securities or assets meeting certain size threshold requirements to report the transaction to the Federal Trade...more

Third Circuit Not Hospitable to Wyndham, Upholds FTC’s Broad Powers to Regulate Cybersecurity

Over one year ago, our colleague Chris Hart argued that the District of New Jersey court’s decision in FTC v. Wyndham Worldwide Corp. et. al., No. 13-1887-ES, “point[ed] to the possibility that the FTC has potentially broad...more

Investment Fund Violates “Investment-Only” HSR Exemption

At the request of the Federal Trade Commission (“FTC” or “Commission”), the Department of Justice (“DOJ”) filed this week in federal court a proposed settlement to charges that an investment fund violated the...more

The FTC Continues to Flex its Safe Harbor Enforcement Muscles

On August 17, 2015, the Federal Trade Commission (FTC) announced settlements with 13 companies on charges that they misled consumers by claiming that they were certified members of the U.S.-EU or U.S.-Swiss Safe Harbor...more

Alert: HSR "Investment-Only" Exemption: Lessons from Third Point's Yahoo! Investment

While acquisitions of up to 10% of the voting interest in a target that are made "solely for the purpose of investment" are in many circumstances exempt from Hart-Scott-Rodino (HSR) reporting requirements, even when the value...more

FTC Cautions Against Improper Reliance on “Investment-Only” Exemption

Investment manager Third Point LLC and three of its affiliated funds have entered into a proposed settlement agreement with the federal antitrust authorities for violations of the Hart-Scott-Rodino Antitrust Improvements Act...more

Third Circuit to Wyndham (Part I): It's "Fair" that FTC Did Not Articulate Specific Cybersecurity Standards in Enforcement Action...

On Monday, the Third Circuit issued a highly anticipated opinion affirming the Federal Trade Commission's authority to regulate "unfair" cybersecurity practices under Section 5 of the FTC Act. In allowing the data breach...more

Third Circuit Affirms FTC’s Authority Over Companies’ Cybersecurity Practices

In a test of the Federal Trade Commission’s authority to police cybersecurity, the Third Circuit Court of Appeals yesterday ruled that the agency has broad power to take action against private sector companies which fail to...more

Have You Had Your Annual Checkup? The FTC Cracks Down on Inaccurate U.S.-EU Safe Harbor Claims

While the U.S.-EU “Safe Harbor” Framework for transferring data into the United States is hardly new — it was approved 15 years ago — the Federal Trade Commission has recently focused its enforcement efforts on companies that...more

Another FTC Conduct Case to Bolster Generic Drug Competition: Pharmaceuticals Charged with Illegal Non-Compete for Generic ADHD...

The Federal Trade Commission’s (“FTC” or “Commission”) ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction. This week, two generic pharmaceutical...more

FTC Spells Out Principles On When It Will Exercise Its Standalone Authority Under Section 5

The one-page statement, at the level of broad general principles, keeps with recent practice and does not signal any significant increase in enforcement under “unfair methods of competition” theories....more

Recent Actions Added To UDAAP Database

The CFPB has issued new enforcement actions that include allegations of unfair, deceptive, or abusive acts and practices (UDAAP) in connection with consumer financial products. We’ve updated our UDAAP Database with the most...more

CFPB to participate in Dallas FTC debt collection program

The CFPB will be participating in the FTC’s second “Debt Collection Dialogue” to be held in Dallas, Texas on September 29, 2015. Gregory Nodler, CFPB Senior Counsel for Enforcement Policy and Strategy, is scheduled to be a...more

What is Crowdfunding Anyway?

Rarely has a capital markets concept been more ambiguous, and potentially more confusing, than crowdfunding. It seems that everyone has his or her own definition, which sometimes varies depending on the circumstances. ...more

Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

Class Is in Session: The FTC Launches New Data Security Initiative

Why it matters - The Federal Trade Commission (FTC) kicked off a new educational initiative to provide guidance to businesses in the area of data security. Based on the lessons learned from more than 50 of the agency's...more

FTC's New Consumer Data Security Guidance Offers Businesses Practical Tips

The Federal Trade Commission has issued new guidance on data security for companies that collect, store and use consumer information, gleaned from the more than 50 enforcement actions brought by the agency over the past...more

FTC Provides Data Security Guidance to Businesses Based on Lessons From Past Enforcement Actions

On June 30th, the Federal Trade Commission (FTC) published a guide titled Start With Security: A Guide for Business, providing 10 lessons learned from the over 50 enforcement actions brought by the FTC against companies that...more

Data Security 101 for Business – Guidance from the Federal Trade Commission

Recently the Federal Trade Commission (FTC) issued a guide, Start with Security: A Guide for Business, which pulls from lessons learned from the 50+ data security enforcement actions that the FTC has announced. To be clear,...more

FTC Eyes Kickstarter Campaigns for Consumer Protection

Most Kickstarter projects never reach the funding threshold, so funders never pay anything into the venture. However, as shown by recent enforcement action, agencies such as the FTC (Federal Trade Commission) have become...more

Mobile App Developer Settles with FTC and New Jersey AG Over Virtual Currency Mining

On June 29, a mobile app developer entered into an agreement with the FTC and the New Jersey AG to settle allegations that the developer engaged in deceptive and unfair practices by marketing its rewards app, called “Prized,”...more

FTC Resolves Claims Against Auto Dealers Based on Alleged Deceptive Advertising

On June 29, the FTC filed two administrative complaints and issued proposed orders against two Las Vegas auto dealers to resolve allegations that they engaged in misleading advertising practices that misrepresented the...more

FTC, Florida AG File Action to Stop Alleged Telemarketing Debt Relief Scam Targeting Seniors

The Federal Trade Commission (FTC) and the Florida Attorney General (AG) have jointly filed a complaint in a Florida federal court against several companies and their individual owners alleging that the defendants engaged in...more

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