Section 5

News & Analysis as of

FTC Secures Seven Figure Judgment Against Single Co-Defendant in Scareware Case

After the FTC secured a $163MM judgment against Kristy Ross in the US District Court of Maryland, the 4th Circuit affirmed, and so ends the FTC’s six-year “scareware” enforcement action. From beginning to end, this odyssey...more

FTC Commissioners Disagree on Section 5 Authority

Section 5 of the Federal Trade Commission (FTC) Act confers broad enforcement powers on the Commission to prohibit “unfair methods of competition.” In her February 13, 2014 keynote address to the Competition Law & Economics...more

Republicans Press FTC to Establish a Clear Standard for Section 5

In a letter to the Federal Trade Commission (FTC) on Wednesday, October 23, eight GOP lawmakers from both the House and the Senate called on the FTC to publish clear guidance on Section 5 of the FTC Act....more

“Something More” Than “But For” Required In The Ninth Circuit

The Ninth Circuit recently reversed a ruling by the U.S. District Court of Nevada granting summary judgment in favor of the SEC in a case alleging violations of Section 5 of the Securities Act of 1933 in connection with the...more

Commissioner Wright Calls The FTC’s Section 5 Record ‘Uninspiring If Not Bleak’ – Has The Time Finally Arrived For A Meaningful...

For years Section 5 of the Federal Trade Commission (FTC) Act has been used to address a wide range of conduct deemed to be unfair methods of competition....more

FTC Continues To Target Debt Collectors and Debt Relief Companies

The Federal Trade Commission’s continuing focus on the debt collection and debt relief industries was clearly demonstrated by several recently announced lawsuits and settlements....more

Recent FTC Developments Regarding Standard Essential Patents

The FTC recently issued two decisions and proposed consent orders concerning Section 5 of the Federal Trade Commission Act (“FTCA”) and standard essential patents (“SEPs”). Not only do these decisions emphasize the...more

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