The Seventh Circuit has once again weighed in on the scope of the Federal Trade Commission’s (FTC’s) remedial authority. The case, FTC v. Credit Bureau Center, LLC, has had, in the words of the court, “a long and winding...more
As the dust settles from the Supreme Court’s decision in AMG Capital Management, LLC v. FTC, 141 S. Ct. 1341 (2021), which gutted the Federal Trade Commission’s authority to obtain equitable monetary relief in court, the...more
Non-compete agreements are under attack yet again. On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices—announced a new...more
Last week, the Federal Trade Commission and state attorneys general in Arizona, California, Georgia, Illinois, Massachusetts, New York, and Texas settled with advertising giants Google and iHeartMedia for deceptive...more
12/2/2022
/ Advertising ,
Celebrity Endorsements ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Google ,
iHeart Media ,
Influencers ,
Misrepresentation ,
Settlement ,
State Attorneys General
Last week at its monthly open meeting, the Federal Trade Commission (FTC) unveiled two new rulemaking proceedings: the first deals with deceptive customer reviews and endorsements and the second with so-called junk...more
10/27/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Endorsements ,
Fake Reviews ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
FTC Endorsement Guidelines ,
Online Reviews ,
Rulemaking Process
At the height of the pandemic, the Federal Trade Commission took swift action to stamp out scammers and other actors looking to take advantage of - or simply make a buck off - the crisis. One of the early moves it made was to...more
8/4/2022
/ Compliance ,
Coronavirus/COVID-19 ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Mail ,
Personal Protective Equipment ,
Scams ,
Statutory Deadlines ,
UDAP ,
Unfair or Deceptive Trade Practices
Constant connectivity through smartphones has ushered in a new way for small businesses to connect with potential customers and gig workers looking for flexible employment. The emergence of companies like Uber, GrubHub,...more
6/30/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Amazon ,
Delivery Drivers ,
DoorDash ,
E-Commerce ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gig Economy ,
GrubHub ,
Job Ads ,
Lyft ,
Misleading Statements ,
Misrepresentation ,
Mobile Apps ,
Small Business ,
State Attorneys General ,
Tips ,
Uber ,
Unfair or Deceptive Trade Practices ,
Websites
Does Ownership and Management Structure Matter?
Fiduciary Relationships - Special confidence placed in one who in equity and good conscience is bound to act in good faith and in due regard to the one reposing confidence....more
2/20/2022
/ Consumer Credit Protection ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Officers ,
Corporate Veil ,
Directors ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
FTC Act ,
Personal Liability ,
Piercing the Corporate Veil ,
Risk Management ,
Section 5
It might be hard for some to imagine, but the Federal Trade Commission (FTC) is feeling groovy. This month, the agency released two guidance documents that track best practices to prevent consumers from being misled when...more