Federal Trade Commission

The United States Federal Trade Commission is an independent federal agency established in 1914 by the Federal Trade Commission Act. The agency is charged with protecting consumers from misleading, fraudulent or... more +
The United States Federal Trade Commission is an independent federal agency established in 1914 by the Federal Trade Commission Act. The agency is charged with protecting consumers from misleading, fraudulent or deceptive marketing claims, as well as regulating unfair business practices that undermine the competitive marketplace.    less -
News & Analysis as of

Third Circuit Blocks Hospital Merger in Key Victory for FTC on Geographic Market Definition

On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission and the Commonwealth of Pennsylvania in a closely watched hospital merger case. The decision...more

New York Attorney General Announces Settlement With Trump Hotel Over Two Data Security Incidents

On September 23, 2016, New York Attorney General Eric T. Schneiderman announced a settlement with Trump International Hotels Management LLC, d/b/a Trump Hotel Collection (“THC”), imposing $50,000 in penalties and ongoing...more

FTC Wins Health Benefit-Related Deceptive Advertising Lawsuit

The Federal Trade Commission (“FTC”) recently prevailed in a deceptive advertising lawsuit against COORGA Nutraceuticals Corporation (“COORGA”) and its principal. The judgment provides for, among other things, a monetary...more

FTC Wins on Appeal in the Third Circuit to Block Hershey Medical Center and PinnacleHealth System Hospital Merger

On September 27, 2016, the U.S. Court of Appeals for the Third Circuit reversed a district court decision that the Federal Trade Commission and the state of Pennsylvania could not block the merger of two hospital systems,...more

FTC Wins Key Appellate Victory in FTC v. Penn State Hershey Medical Center

The Federal Trade Commission (FTC) won a decisive victory today in its efforts to slow the record pace of health care provider consolidation, when the U.S. Court of Appeals for the Third Circuit reversed a District Court's...more

Marketing your brand with influencers? Make sure the FTC hits the “Like” button

Brand owners and their attorneys are grappling with an important question: how to disclose their connections to luminaries like PewDiePie. If you haven't heard of PewDiePie, don't worry—he's a 26-year old Swedish college...more

Caution with Hyperlinks and Info-Hovers: Court Denies DIRECTV’S Motion for Partial Summary Judgment

Are hyperlinked and hovering disclosures enough to adequately inform consumers about the terms of your offer? Is requiring consumers to click on a button to accept all terms and conditions enough to obtain their informed...more

Judge Approves LifeLock’s $68M Proposed Settlement with Class and $10.2M with Lawyers

On Tuesday, September 20, 2016, a federal judge in California granted approval of the $68 million settlement between LifeLock and a class of plaintiffs that alleged it made false statements about the services it provides to...more

CFPB participates in FTC workshop on disclosure

The FTC recently held a workshop, “Putting Disclosures to the Test,” to explore the question of what should be done to make disclosures effective.  The workshop included reports on numerous studies related to consumer...more

Congressman introduces fintech bill

Republican Congressman Patrick McHenry, Vice Chair of the House Financial Services Committee, has introduced the “Financial Services Innovation Act of 2016,” which is intended to provide a streamlined regulatory process for...more

The Honest Company Faces False Advertising Class Action

Last Tuesday, a class action lawsuit was filed against The Honest Company, Inc. (“THC”) alleging that the “natural” products manufacturer has violated numerous California State false advertising laws. Specifically, the class...more

To (Dis)Close for Comfort–FTC Workshop Seeks Effective Consumer Disclosures

A goal of providing effective disclosures to consumers is to allow consumers to make informed decisions. But what must be done to make disclosures effective? This was the question the Federal Trade Commission (FTC) explored...more

UPDATE: Got Data? Actual Harm Not Required for FTC Enforcement Action for Lax Security Measures

As anticipated, things are getting even more exciting with the case previously covered in Password Protected. Specifically, LabMD is appealing the landmark data security case between it and the Federal Trade Commission...more

A Sweepstakes Lawyer Can Help Keep Promotion Sponsors out of Hot Water

Last Thursday, the Federal Trade Commission (the “FTC” or “Commission”) sued several individuals and businesses in a Los Angeles federal court for engaging in allegedly deceptive sweepstakes sponsorship and marketing...more

Former Debt Collection Company VP Ordered to Pay Penalty and Stop Deceptive Debt Collection Practices

On September 21, the Department of Justice (DOJ) announced that the U.S. District Court for the Eastern District of Texas entered a stipulated order for a permanent injunction and civil penalty judgment against the vice...more

FTC Secures $1.8M in Restitution From Debt Relief Scammers

On September 22, the Federal Trade Commission (FTC) announced that the U.S. District Court for the Central District of California issued a permanent injunction prohibiting five defendants involved in mortgage relief scams...more

Quick Thoughts About the Yahoo Breach

Another day, another 500 million Yahoo accounts reached. Our friends at the FTC are right on top of this with guidance for individuals with Yahoo accounts. First and foremost, change your Yahoo password....more

Supplement Marketer Settles FTC’s Negative Option-Related Lawsuit

Nutritional supplement marketer, NutraClick, has entered into a settlement with the Federal Trade Commission (“FTC”), ending a lawsuit that the agency initiated for alleged violations of the Federal Trade Commission Act and...more

Can Antitrust Prevent Excessive Drug Price Increases?

The antitrust agencies are often asked to intervene in markets where pricing appears to be excessive to help protect consumers and stabilize markets. In the drug arena, healthcare providers, consumers and politicians have...more

Antitrust-Related Recent Developments: FTC/DOJ Aggressive Merger Enforcement Continues

The Federal Trade Commission and Department of Justice have continued their aggressive stance against proposed mergers that the antitrust agencies perceive as harmful to competition. So far this year, the FTC obtained a...more

Update: Antitrust-Intellectual Property Licensing Guidelines

The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced, on August 12, 2016, they are seeking public comments on the first update to the Antitrust Guidelines for the...more

Manatt Digital - September 2016

Digital Health Continues to Grow - Investment into the digital health market topped $4.5 billion in 2015, and we are seeing an acceleration of investment in 2016. According to StartUp Health, investment into the digital...more

FTC Cracking Down on Influencer Marketers and Their Clients

In recent months, the media has been reporting on increased regulatory activity involving the Federal Trade Commission (the “FTC” or “Commission”) and the sellers that hire non-compliant influencer marketers. What can...more

Advertising Law - September 2016 #3

Consumer Groups Urge FTC Action on Influencers - Consumer groups are urging the Federal Trade Commission to review comments by social media influencers for possible violations of the agency's guidance regarding...more

“Follow the Lead” Recap: FTC Summarizes Takeaways from Workshop on Lead Generation

The FTC released last week a paper summarizing and reflecting on its October 30, 2015 public workshop, “Follow the Lead,” which we previously discussed here and focused on lead generation practices and related privacy and...more

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