News & Analysis as of

Unfair or Deceptive Trade Practices Federal Trade Commission

Advertising Litigation Report: Vol. 2, No. 2 - Regulatory

Negative Option Marketing Enforcement Actions in Federal Court - A negative option is a provision in an offer or agreement to sell or provide any goods or services “under which the customer’s silence or failure to take...more

California Bill Mandates Privacy By Design For IoT Devices

Manufacturers of Internet-connected devices (better known as the Internet of Things) should be following a new California bill closely because it would create a mandate under California law that all IoT devices have built-in...more

Blog: Avoiding Common Legal Issues at Coding Schools: Marketing

by Cooley LLP on

This is the first of a series of posts on common legal and regulatory pitfalls that alternative education providers must proactively avoid. Today’s topic is avoiding sloppy or overly aggressive marketing....more

Environmental False Advertising: An Earth Day Green Guide Review

Earth Day is coming up on April 22, which means that a lot of consumers are going to be reminded to think green, and to buy green. What if your company is looking to access this vast market of environmentally-minded shoppers,...more

NetSpend Settles FTC Charges, Resolving Allegations that it Deceived Consumers over Access to Prepaid Funds

by Kelley Drye & Warren LLP on

Last week the FTC announced that it had reached a settlement with NetSpend over allegations that NetSpend deceived consumers by promising “immediate access” with “guaranteed approval” to money loaded on its general purpose...more

Court Issues Temporary Restraining Order Against Invention Patenting and Promotion Company for Unfair and Deceptive Trade...

There are many businesses focused on helping inventors develop and monetize their ideas. There are companies that, for instance, help people seek patents on their inventions, license their inventions, turn their ideas into...more

FTC Announces Settlement with Municipal Debt Collector Over Alleged Abusive Debt Collection Practices

by Goodwin on

?On March 24, 2017, the Federal Trade Commission (FTC) announced? that it entered into a consent order with a debt collection company, resolving allegations that the company engaged in unfair and abusive debt collection...more

Healthcare Law Update: March 2017

by Holland & Knight LLP on

Enforcement - OIG Issues Advisory Opinion Allowing Free or Reduced-Cost Lodging and Meals - On March 3, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG) issued...more

Knowing Where You Are, When You Are: Creepy or competitive? The privacy and security issues involved with geo-location tracking

by Bryan Cave on

Smartphones, smartphone apps, websites, and other connected devices (e.g., “wearables”) increasingly request that consumers provide their geo-location information. Geo-location information can refer to general information...more

Sale Price Advertising and Fictitious MSRP Litigation

by Bryan Cave on

Section 5 of the Federal Trade Commission Act prohibits retailers from engaging in “unfair or deceptive acts or practices.” Courts consider an advertisement, whether in-store, or on-line, to be deceptive where a retailer: (1)...more

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more

Advertising Law - March 2017

FTC Fights Back in LabMD Suit - The Federal Trade Commission demonstrated its intention to fight for the power to regulate data security by filing a 111-page brief with the U.S. Court of Appeals for the Eleventh Circuit...more

A Primer On FTC Cybersecurity Enforcement

According to the Breach Level Index, the total number of data records lost or stolen in just the first half of 2016 was 554,454,942, stemming from 974 breach incidents. In the entire year of 2015, there were 707.5 million...more

FTC Settles Deceptive Advertising Lawsuit against Operators of Online “High School”

by Klein Moynihan Turco LLP on

Two weeks ago, the Federal Trade Commission (“FTC”) announced multi-million dollar settlements with the operators of two online “high schools.” According to a complaint filed by the FTC last year, Capitol Network Distance...more

Advertising Law - February 2017 #2

Uber’s Earnings, Financing Claims Crash Into FTC - For exaggerating claims about earnings potential and automobile financing, Uber has agreed to pay $20 million in a deal with the Federal Trade Commission. According...more

FTC Case Will Test Its Power in IoT Space

by Morgan Lewis on

A recent action by the Federal Trade Commission (FTC) against an internet of things (IoT) device manufacturer in the Northern District of California is a significant development in the IoT space and data security law. The...more

Not a Passing Grade: FTC Settles with Company Over Alleged False Advertising for High School Diploma Program

by Kelley Drye & Warren LLP on

On February 3, 2017, the Federal Trade Commission (FTC) announced a new settlement against Stratford Career Institute alleging that Stratford’s advertising for its high school diploma program (claiming that it provided the...more

FTC and Florida AG Ban Student Loan Debt Relief Providers

by Goodwin on

On January 24, the Federal Trade Commission (FTC) and the Florida Attorney General’s Office announced a settlement with student loan debt relief providers alleged to have participated in a student loan debt relief scheme,...more

The Quarter Ham: California Court of Appeal Affirms Judgment in Unfair Competition and False Advertising Case

by Reed Smith on

You can still get your quarter ham “STARTING AT $23.99” from Honey Baked Ham, Inc. according to the California Court of Appeal in its unpublished decision on November 8, 2016. The Court of Appeal affirmed a trial court’s...more

FTC Goes After IoT Device Manufacturer for Alleged Security Vulnerabilities in Routers, IP Cameras

by BakerHostetler on

On January 6, the Federal Trade Commission (FTC) announced that it had filed a complaint against Taiwanese D-Link Corp. and its U.S. subsidiary, D-Link Systems Inc. (D-Link), alleging the company made deceptive claims about...more

FTC Files Lawsuit Against Seller of Fake Payday Loans

by Goodwin on

On January 9, 2017, the Federal Trade Commission (FTC) announced that it had filed a lawsuit in the U.S. District Court for the District of Kansas against one individual and affiliated companies, alleging that they sold...more

FTC Files Lawsuit Against Taiwanese Manufacturer for Alleged Lax Security in Wireless Routers and Cameras and Related Marketing...

by Kelley Drye & Warren LLP on

The Federal Trade Commission has filed a lawsuit in federal court claiming that a networking equipment manufacturer engaged in unfair and deceptive acts, exposing thousands of consumers to the risk of cyberattack from...more

#MLWashingtonCyberWatch: 2017 FTC and Google Complaint

Google’s recent changes to its privacy policy are coming under fire from a complaint filed late last year with the Federal Trade Commission (“FTC”) that accuses the company of downplaying “transformational change” in its...more

LabMD’s 11th Circuit FTC Appeal: The Opening Shot

Firing the opening salvo in its appeal of one of the most controversial data security decisions by the U.S. Federal Trade Commission in years, LabMD accused the agency of overstepping its authority and “destroy[ing] [the]...more

FTC Grants Summary Judgment Against California Naturel, Inc. Falsely Advertising “All Natural” Sunscreen Products

In its opinion in In re California Naturel, Inc., the Federal Trade Commission held that the California Naturel, Inc. advertising promoting its “all natural” sunscreen on its website as containing “only the purest, most...more

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Cybersecurity

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