Section 5 of FTC Act

News & Analysis as of

UPDATE: FTC Plans Review of YouTube Kids App

As we predicted in our post late last month, Google’s YouTube Kids app has attracted more than just the “curious little minds” Google was hoping for. Yesterday, a group of privacy and children’s rights advocates (including...more

Critics Renew Call for FTC Guidelines on Unfair and Deceptive Practices

Companies and institutions hoping for clarification on how to protect themselves from potential antitrust claims or consumer fraud violations recently participated in a symposium sponsored by law firm Baker & Hostetler. The...more

FTC May Have Authority to Regulate Companies’ Data Security Practices

Between 2008 and 2010, hackers stole credit card information from the computer network of Wyndham Hotels & Resorts LLC (“Wyndham”), which affected hundreds of thousands of Wyndham’s customers in the process. The Federal Trade...more

FTC Enforcement Action Confirms That Ad Disclosure Obligations Extend to Endorsements Made in Social Media

The Federal Trade Commission (“FTC”) has once again made good on its promise to enforce against deceptive advertising under Section 5 of the FTC Act, regardless of the media in which the advertising appears: its recently...more

FTC’s Recent Enforcement Cases for Misleading Recycled Content Claims

The Federal Trade Commission (FTC) has stepped-up its enforcement initiatives and recently settled two cases with companies that market plastic lumber and related products. FTC alleged that these companies misled consumers in...more

Running a Sweepstakes or Contest on Social Media?

If entry for the chance to win a prize requires participants to post content featuring your company’s products or services, the participants should be instructed to disclose that their posts are pursuant to a contest. ...more

Industry, Members of Congress Take Action on FTC Process

As the Federal Trade Commission (“FTC”) continues to flex its consumer protection muscles by bringing numerous administrative lawsuits, industry and members of Congress are questioning whether there is a level playing field...more

FTC Commissioner Wright Renews Calls for Section 5 Guidelines

Federal Trade Commission (FTC) Commissioner Joshua Wright continues to press for a “policy statement” that would define, and perhaps limit, the scope of the FTC’s authority to police unfair methods of competition under...more

"Federal Trade Commission Settles Illegal Information Exchange Allegations With Bosley, Inc."

On April 8, 2013, the Federal Trade Commission (FTC) announced a proposed settlement with hair restoration company Bosley, Inc. to resolve allegations that Bosley illegally exchanged competitively sensitive, nonpublic...more

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