In this episode, the discussion centers on earnings claims and the FTC's role in regulating them. The hosts, Amy Mudge and Daniel Kaufman, highlight the importance of substantiating earnings claims to avoid misleading...more
Our texts exploded on the afternoon of March 18 when we learned that the president had fired FTC Commissioners Rebecca Slaughter and Alvaro Bedoya....more
Just prior to the Federal Trade Commission’s (FTC or Commission) publication of its Click-to-Cancel Rule (the Rule) – which we wrote about in depth here – in the Federal Register, several trade associations filed petitions...more
3/19/2025
/ Administrative Procedure Act ,
Congressional Review Act ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Pending Litigation ,
Statutory Authority ,
Subscription Services ,
Trade Associations ,
Unfair or Deceptive Trade Practices
There are generally two paths that the Federal Trade Commission (FTC) takes for rulemaking. First, there may be a specific statute that gives the FTC specific rulemaking authority, such as the Children’s Online Privacy...more
“Junk fees” were a popular topic at the Federal Trade Commission (FTC) in 2024 – but now that the dust has settled (at least for now), let’s take a closer look at how the FTC is using its authority to tackle these practices....more
On today’s episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the passing of the FTC’s new Junk Fees Rule....more
As we anticipate the forthcoming changes at the FTC and what enforcement will look like, one area that is often overlooked is the award of civil penalties in FTC cases....more
On September 25, 2024, the Federal Trade Commission (FTC) announced five administrative complaints and proposed orders involving companies that – according to the agency’s press release – have allegedly relied on artificial...more
10/2/2024
/ Administrative Complaints ,
Artificial Intelligence ,
Business Opportunities ,
Comment Period ,
E-Commerce ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Online Reviews ,
Scams ,
Section 5 ,
Unfair or Deceptive Trade Practices
For those of you enjoying the summer weather and listening to ABBA on repeat (or maybe that’s just me), you might have missed that earlier this month the Federal Trade Commission (FTC) released its Annual Report on Refunds to...more
The Protecting Americans’ Data from Foreign Adversaries Act (PADFA or the Act) was signed into law by President Joe Biden on April 24 as part of a larger foreign aid appropriations bill. Although other portions of the...more
6/24/2024
/ China ,
Controlled Foreign Corporations ,
Data Brokers ,
Data Privacy ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Foreign Adversaries ,
FTC Act ,
Iran ,
New Legislation ,
North Korea ,
Online Advertisements ,
Online Platforms ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Russia ,
Sensitive Personal Information ,
Targeted Digital Advertising
On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s new imposter rule and why everyone should be paying attention.
Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more
Back in February 2023, the FTC announced a federal complaint against a voice over Internet protocol (VoIP) provider that it alleged had delivered tens of millions of debt service calls to consumers nationwide. The FTC also...more
Much ink has been spilled over the impact of the Supreme Court’s AMG decision on the Federal Trade Commission (FTC). That decision held that Section 13(b) of the FTC Act did not authorize a federal court to award equitable...more
2/15/2024
/ AMG Capital Management LLC v FTC ,
Civil Monetary Penalty ,
Equitable Relief ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Gramm-Leach-Blilely Act ,
Judge Rakoff ,
Restitution ,
Section 5 ,
Statutory Violations
The FTC has become big on the late December surprise. In late December 2022, the agency announced the health claims guidance, which was quite a big deal for advertisers. This December there were two late December...more
1/3/2024
/ Biometric Information ,
COPPA ,
Corporate Counsel ,
Data Collection ,
Facial Recognition Technology ,
Federal Register ,
Federal Trade Commission (FTC) ,
FTC Act ,
Parental Consent ,
Proposed Amendments ,
Rite Aid ,
Rulemaking Process ,
Surveillance
On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the FTC’s authority to go after and regulate unfair practices.
Questions & Comments: dkaufman@bakerlaw.com; and amudge@bakerlaw.com
...more
If we look at recent Supreme Court decisions, the Federal Trade Commission (FTC) has a pretty dismal record, with well-publicized losses in AMG and Axon. At the district court level, however, things are quite different; we...more
10/4/2023
/ Agents ,
Brand ,
Compliance ,
Corporate Liability ,
Distributors ,
Federal Trade Commission (FTC) ,
FTC Act ,
Influencers ,
Marketing ,
Misrepresentation ,
Pyramid Schemes ,
Social Networks
If it feels like it has been ages since you heard about one of the Federal Trade Commission (FTC or Commission) public meetings, well, that’s kind of true. There was a meeting back in July that discussed military consumer...more
9/15/2023
/ Advertising ,
Chamber of Commerce ,
Children's Online Games ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
FTC Endorsement Guidelines ,
Marketing ,
Minor Children ,
Online Platforms ,
Online Safety for Children ,
Orange Book ,
Public Meetings
The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories....more
6/29/2023
/ Administrative Monetary Penalties ,
Advertising ,
Corporate Counsel ,
Enforcement Actions ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
FTC Act ,
Imports ,
Labeling ,
Made in the USA ,
Product Labels ,
Unfair or Deceptive Trade Practices
Rapper 50 Cent Settles with Plastic Surgery Clinician -
Claims clinic owner used snapshot to suggest ... something embarrassing -
A Question You Wouldn’t Ask in Person -
50 Cent—rapper, TV producer, actor—once...more
For those of you who worry about the partisan divide in our country, it’s nice to know that the Federal Trade Commission (FTC or Commission) has once again brought an often sharply divided Supreme Court to unanimity....more
Last June, the Federal Trade Commission (FTC) brought a lawsuit against Gravity Defyer and its owner in federal court, alleging that the defendants were making deceptive pain-relief claims for Gravity Defyer footwear. The...more
Ian Fleming famously wrote, “Once is happenstance. Twice is coincidence. Three times is enemy action.” Although we aren’t quite talking enemy action here, we are seeing heightened Federal Trade Commission (FTC) interest in...more
You make soap, and you come out with a new scent. Then, due to supply issues, you need to change fragrance manufacturers but are confident the new fragrance is almost identical to the old fragrance. Can you use reviews of...more
A recent federal court decision found that FleetCor, a company that sells fuel card services to businesses, and its CEO had violated the Federal Trade Commission (FTC or Commission) Act through a series of deceptive...more
8/17/2022
/ Administrative Procedure ,
AMG Capital Management LLC v FTC ,
Antitrust Litigation ,
CEOs ,
Disclaimers ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
Personal Liability ,
Rebates ,
Section 9 ,
Stays ,
Unfair or Deceptive Trade Practices
FCC Slams American Scammers for 8 Billion Robocalls -
With too many calls to document, carriers are ordered to pull the switch on traffic -
One Robo to Call Them All -
What sort of activity earns a court order, a public...more
8/16/2022
/ Advertising ,
Class Action ,
Divorce ,
Electronic Fund Transfer Act ,
False Advertising ,
Fashion Industry ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Greenwashing ,
H&M ,
Influencers ,
Marketing ,
Military Service Members ,
Robocalling ,
Scams ,
Social Networks ,
Spoofing ,
State Attorneys General ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices ,
Veterans