Christopher Cole on Unfair or Deceptive Trade Practices

FTC Requests Public Comments on Technology Platform Censorship

In one of its first actions after establishing new leadership, the United States Federal Trade Commission has issued a request for public comment "to better understand how technology platforms deny or degrade (such as by...more

2/27/2025 / Algorithms , Censorship , Consumer Protection Laws , Executive Orders , Federal Trade Commission (FTC) , First Amendment , Social Media , Unfair or Deceptive Trade Practices

Online Advertisements Found to Monetize Piracy and Child Pornography

“Online Advertising Hits Rock Bottom” screams one recent headline, as reports from ad fraud researchers purportedly have found evidence that online ads for mainstream brands have appeared on websites dedicated to the display...more

2/21/2025 / Advertising , Corporate Governance , Federal Trade Commission (FTC) , Fraud , Online Advertisements , Risk Management , Unfair or Deceptive Trade Practices

What Will the New FTC Do With the Green Guides?

The incoming administration will change the Federal Trade Commission leadership. Chair Lina Khan, whose term has expired, is leaving, making way for a new majority of three Republican Commissioners. Andrew Ferguson will...more

1/17/2025 / Carbon Emissions , Environmental Claims , Environmental Policies , Federal Trade Commission (FTC) , Green Guides , Greenwashing , Sustainability , Unfair or Deceptive Trade Practices

Anti 'Junk Fee' Lawsuit Risk Already Growing

Everyone hates “junk fees.” Just the name suggests that the junk fee refers to surprise, unnecessary charges, tacked onto advertised prices in a manner that is deceptive or unfair. The Biden Administration has announced a...more

1/29/2024 / Advertising , Fees , Marketing , Unfair or Deceptive Trade Practices

FTC Proposes Rule to Ban "Junk Fees"

The FTC has proposed a rule to ban so-called “Junk Fees,” which, if enacted as proposed, would affect numerous industries, ranging from hospitality, to entertainment, to transportation. The proposal purports to prohibit...more

10/12/2023 / Federal Trade Commission (FTC) , Fees , FTC Act , Hidden Fees , Proposed Rules , Unfair or Deceptive Trade Practices

California Lawsuit Launches Massive Climate Change Lawsuit Against Major Oil Producers and Their Trade Association

On September 15, California Attorney General Rob Bonta announced the filing of a 135-page complaint against major oil producers and their main trade association. The suit alleges generally that the defendants knew about the...more

9/25/2023 / Advertising , Climate Change , False Advertising , Unfair or Deceptive Trade Practices

Federal Trade Commission Updates Endorsement Guides and Proposes New Rule on Consumer Reviews

The Federal Trade Commission (FTC) has news for advertisers: for internet and social media disclosures to be effective, they must be “unavoidable.” On June 29, the FTC released final revised Endorsement Guides, the first...more

7/6/2023 / Advertising , Endorsements , Federal Trade Commission (FTC) , FTC Endorsement Guidelines , Influencers , Marketing , Online Endorsements , Social Media , Unfair or Deceptive Trade Practices , Websites

FTC Secures $18.5 million Settlement and Order In Another "Dark Patterns" Case

On the heels of its lawsuit against Amazon.com, the FTC filed a complaint yesterday against PCH, the marketer behind the venerable Publishers Clearinghouse organization. The complaint alleges that PCH used various deceptive...more

6/28/2023 / Advertising , Federal Trade Commission (FTC) , Settlement , Unfair or Deceptive Trade Practices

Will it work? FTC sends its latest round of Notices of Penalty Offense to 670 companies.

Following the Supreme Court's 2021 decision striking down the FTC's practice of using FTC Act Section 13(b) to obtain monetary redress in AMG Capital Mgmt., LLC v. FTC, 141 S. Ct. 1341 (2021), the FTC has been exploring...more

4/17/2023 / Advertising , Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b) , Unfair or Deceptive Trade Practices

Christopher Cole

Katten Muchin Rosenman LLP

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