FTC Challenges H&R Block's Marketing and Data Practices
Investigation Tag Team: The FTC and the State of Arizona — Moving the Metal: The Auto Finance Podcast
CFPB Warns of Manipulation in Digital Comparison Shopping Tools
Consumer Finance Monitor Podcast Episode: Credit Card and Other Rewards Programs in the Crosshairs
The FTC and Connecticut Join Forces for Action Against Nissan Dealer
The CARS Rule — Moving the Metal: The Auto Finance Podcast
Podcast - Part 2: An FTC Official Speaks About the Regulation of AI Technology
State AG Pulse | Never Say Never to Federal Privacy Legislation
An FTC Official Speaks About the Regulation of AI Technology
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
The FTC Takes Initiative to Stop Junk Fees
Analyzing the CFPB's Stance on Comparison Shopping and Lead Generation Websites — The Consumer Finance Podcast
10 Key Trade Developments: Trade Remedy Cases
California’s New Privacy Enforcement "Sweep"
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
Status of the DOJ's Combatting Redlining Initiative — The Consumer Finance Podcast
AD Nauseam: Testimonials and Endorsements – How Many Disclosures is Too Many
The FTC Announces Three Important Developments
The FTC announced that it has taken multiple actions to address growing concern about unfair and deceptive practices by franchisors. The FTC released a Policy Statement on Franchisors’ Use of Contract Provisions, Including...more
In a dispute about tax preparation businesses that one member of Compass Tax Services LLC was selling to the entity, precious little was for certain. Even the parties’ agreement lacked clarity about whether Compass Tax, or...more
A federal court in Massachusetts has dismissed franchise claims brought against a manufacturer, concluding that the distributor had failed to identify a franchise fee that would qualify it for protection from non-renewal...more
Rarely do we see a franchise dispute settled, only to generate more litigation. In Pirtek USA, LLC v. James Bradley Lager, et al., 2023 WL 4676067 (Bankr. N.D. Texas, 2023), Bankruptcy Judge Michelle Jerson addressed several...more
On Friday, March 10, 2023, the Federal Trade Commission issued a Request for Information (“RFI”) soliciting public comments on various issues pertaining to the franchisor-franchisee relationship, including franchisor supply...more
An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495...more
The Eleventh Circuit Court of Appeals recently issued an opinion concerning a dispute over a franchisor’s effort to mandate changes to a franchisee’s operations. The Court granted the franchisor a mixed result. The decision...more
The Federal Trade Commission (“FTC”) has kept itself busy as of late, issuing a series of notices to over 1,000 businesses (many of them franchise companies) advising them that they could face civil penalties for conduct that...more
A recent federal court decision explores the concept of associational standing, the right of an association of franchisees to sue a franchisor on behalf of its member franchises. In APFA Inc. v. UTAP Management, LLC, the...more
2022 AG Elections- County District Attorney Launches Bid for Wisconsin Attorney General- •Fond du Lac County DA Eric Toney announced his candidacy for the Republican nomination in the 2022 race for the Wisconsin AG’s...more
On September 16, 2020, Rohit Chopra, one of the five commissioners on the Federal Trade Commission (FTC), declared on Twitter that “[franchise] regulators must stop unfair, deceptive, and discriminatory practices that target...more
A Massachusetts state court ruled that real estate franchisor, Re/Max of New England (Franchisor), breached its franchise agreements, the implied covenant of good faith and fair dealing and violated Massachusetts’ consumer...more
A federal appeals court reversed dismissal of a claim against a barbeque restaurant franchisor. The court found that, despite having signed releases in favor of the franchisor, a former franchisee had valid claims for...more
Individual Examination into Effect of Alleged False "No Artificial Flavors" Label Necessary - In Marotto v. Kellogg Co., No. 18 Civ 3545, 2019 WL 6798290 (S.D. N.Y. Dec. 5, 2019), the court declined to certify a putative...more
A federal judge recently held that a plaintiff cannot state a claim for false advertising under Illinois law by cherry picking statements in isolation if, on the whole, the information available to plaintiff dispelled the...more
The recent Cooper v. Primary Care Solutions considered, among other things, franchising law in the context of the Louisiana Unfair Trade Practice Act (LUTPA), which punishes unfair and deceitful conduct in the conduct of...more
Cooke Aquaculture Fined $332,000 For Puget Sound Salmon Pen Collapse - The Washington Department of Ecology has reportedly fined Cooke Aquaculture $332,000 for violations of state water quality laws related to a net pen...more
Parties Settle Kombucha False Advertising Action - Retta, et al. v. Millennium Products, Inc., No. 2:15-cv-01801 (C.D. Cal.): The Ninth Circuit entered an order granting Objector-Appellant’s motion for voluntary dismissal...more
In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more
Much has been written on the growing risks of data breaches and other cyberattacks, especially after the massive security breach at Equifax in September 2017. Recent cases holding franchisors liable for franchisees’ data...more
Franchisees aren't always excited when their franchisor introduces a new policy. But if a new policy overreaches and might doom a franchisee's business, can it be stopped before it starts?...more
Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more
In a putative class action alleging violation of Pennsylvania labor laws, unfair trade practices, and other state law claims brought by a franchisee against the franchisor and two subsidiaries, the court stayed the...more
FRANCHISOR 101: PRINCIPALS NOT LIABLE UNLESS THEY PARTICIPATE IN FRAUD - In Sig, Inc. v. AT&T Digital Life, Inc., a federal district court in Miami held that the principal officers of a home and business security and...more