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Marketing Unfair or Deceptive Trade Practices

BCLP

Part 6: What the FTC’s Final Rule on Reviews and Testimonials Means for Enforcement, Penalties

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In this post, the final part of our six-part series, we explore the nuances of the “teeth” of the FTC’s Final Rule on consumer reviews and testimonials—the money the FTC can recover for violations of the Final Rule....more

Fenwick & West LLP

The FTC Cracks Down on Fake Reviews with New Rule

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The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more

Hudson Cook, LLP

CFPB Sues Credit Card Issuer and its Owner and CEO for Alleged Deceptive Marketing and Improper Fees

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On September 13, 2024, the CFPB filed a lawsuit against the company and its owner and CEO, alleging deceptive and abusive acts and practices in violation of the CFPA and violations of TILA and its implementing regulation....more

Venable LLP

Handle Autorenewal Programs with Care: Federal Trade Commission Targets Care.com for Alleged Dark Patterns and Earnings Claims

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Companies that care about avoiding Federal Trade Commission (FTC) action should take heed. Last month, the FTC announced an $8.5 million settlement with Care.com, resolving claims challenging its advertising claims and...more

BakerHostetler

[Podcast] AD Nauseam: We Give This Podcast 5 Stars – A Closer Look at the FTC Rule on Consumer Reviews and Testimonials

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On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s newly finalized rule on the use of consumer reviews and testimonials....more

Epstein Becker & Green

Dissecting the New FTC Final Rule That Regulates “Fake Reviews” and More

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On August 14, 2024, the Federal Trade Commission (“FTC”) announced a new final rule aimed at regulating fake consumer reviews, testimonials, insider reviews, company-controlled websites, and fake indicators of social media...more

Brownstein Hyatt Farber Schreck

FTC Finalizes Rule to Combat Deceptive Online Reviews

On Aug. 14, 2024, the Federal Trade Commission (FTC) finalized new rulemaking to combat deceptive acts and practices in online reviews and testimonials. The new final rule, Trade Regulation Rule on the Use of Consumer Reviews...more

Cozen O'Connor

FTC Expands Enforcement Options to Protect Consumers from Fake Reviews

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The FTC has finalized a new rule aimed at protecting consumers from fake reviews and testimonials, leveraging its authority under the FTC Act to regulate deceptive or unfair commercial practices....more

Wilson Sonsini Goodrich & Rosati

FTC Issues Final Rule Banning Fake and Misleading Consumer Reviews and Testimonials

On August 14, 2024, the Federal Trade Commission (FTC) issued a final rule that prohibits publishing or trading in fake or misleading consumer reviews and testimonials, or engaging in other related deceptive promotional...more

Manatt, Phelps & Phillips, LLP

FTC Issues Final Rule Banning Fake Reviews and Testimonials

The Federal Trade Commission (FTC or Commission) has issued a final rule prohibiting fake consumer reviews and testimonials. The rule also permits the FTC to seek civil penalties against violators who knowingly violate the...more

Ballard Spahr LLP

FTC Issues Final Rule to Fight Fake Product Reviews

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The Federal Trade Commission on August 14 announced a final trade regulation rule intended to fight fake reviews and testimonials by prohibiting their purchase or sale and by allowing the agency to seek civil penalties...more

Holland & Knight LLP

FTC Announces Final Rule: Setting the Record Straight on Deceptive Reviews

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The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's...more

Hudson Cook, LLP

The FTC's New Teeth to Bite Bogus Consumer Review Blurbs

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The Federal Trade Commission added teeth to its prior marketing guidance with the release August 14 of its final trade regulation Rule for Consumer Reviews and Testimonials ("Rule," 16 CFR Part 465). ...more

Womble Bond Dickinson

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

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The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more

Ballard Spahr LLP

Vehicle Services Company CarShield Settles Complaint with FTC

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CarShield, a company that sells vehicle service contracts (VSCs), will pay $10 million to settle FTC allegations that its advertisements and telemarketing pitches deceived consumers, the agency announced on July 31....more

BakerHostetler

[Podcast] AD Nauseam: The AD Legend Series – Featuring Mary Engle

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On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more

McGuireWoods LLP

Made in USA Claims Continue to Hold FTC’s Attention

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On July 2, 2024, the Federal Trade Commission (FTC) announced in a blog post that it was releasing a refreshed version of its guidance on “Complying with the Made in USA Standard.” The guidance had not been updated since...more

BakerHostetler

[Podcast] AD Nauseam: Product Demonstrations: Does It Really Work That Way?

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On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more

Stikeman Elliott LLP

In the Green Zone: Navigating the Competition Act’s New Greenwashing Provisions

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The new prohibition against greenwashing under the Competition Act took effect on June 20, 2024, while private actions for deceptive marketing practices will take effect next year. This prohibition merely codifies existing...more

Orrick, Herrington & Sutcliffe LLP

California enacts new consumer protections on disclosures and marketing

On June 14, the Governor of California approved SB 1096 (the “Act”) to amend the Consumers Legal Remedies Act and regulate mailed solicitations about consumer financial products. Subject to certain exceptions, the amendment...more

Ballard Spahr LLP

The Iliad Flows: Federal Judge Allows FTC “Dark Patterns” Suit Against Amazon to Proceed

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In a lengthy ruling, a Seattle federal judge has allowed the Federal Trade Commission (FTC) to proceed with its groundbreaking case alleging that Amazon’s Prime online subscription marketing tactics constituted deceptive...more

Cozen O'Connor

The State AG Report – 5.16.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • CFPB Reports “Doom Loops” and Other Harmful Practices in...more

Hinch Newman LLP

When a Company Can be Liable to the FTC for Participating with Another Company in Misconduct

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The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. For...more

Cozen O'Connor

Internet Provider Sued Over Alleged Junk Fees and Deceptive Marketing

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Connecticut AG William Tong sued CSC Holdings, LLC, the operating subsidiary of the telecommunications company Altice USA, Inc., alleging that the company’s marketing and provision of Internet services to Connecticut...more

Stikeman Elliott LLP

Standing Committee Proposes More (Tough) Changes to the Competition Act: Insights on Drip Pricing, Sale Discounts, Greenwashing,...

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Bill C-59 was presented to the House of Commons on May 6 with significant amendments from the Standing Committee on Finance. These changes further strengthen the deceptive marketing provisions of the Competition Act with...more

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