The Federal Trade Commission (FTC or Commission) has issued a final rule prohibiting fake consumer reviews and testimonials. The rule also permits the FTC to seek civil penalties against violators who knowingly violate the...more
8/21/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC or Commission) received 105 comments from the public on its proposed trade regulation rule to prohibit marketers from using unfair or deceptive practices involving consumer reviews and...more
11/28/2023
/ Advertising ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC or Commission) has proposed a trade regulation rule to prohibit marketers from using deceptive practices in their product reviews and testimonials. The goal of this rule is to increase...more
The Federal Trade Commission (FTC) unveiled its proposed updates to the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Endorsement Guides or Guides) at its recent open meeting on May 19,...more
The Federal Trade Commission (FTC) has fined online fashion retailer Fashion Nova $4.2 million to settle allegations that the company blocked negative reviews of its products from being posted on its website. The FTC said...more
2/3/2022
/ Advertising ,
E-Commerce ,
Enforcement Actions ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internet Retailers ,
Misrepresentation ,
Online Advertisements ,
Online Platforms ,
Online Reviews ,
Policies and Procedures ,
Retail Market ,
Risk Management ,
Settlement Agreements ,
Statutory Violations ,
Unfair or Deceptive Trade Practices
In a recent case, the National Advertising Division (NAD) of BBB National Programs determined that “Unlimited 5G” and “best price” claims by Comcast for its Xfinity 5G mobile plans were not supported and should be...more
12/29/2021
/ 5G Network ,
Advertising ,
Comcast ,
Consumer Product Companies ,
Enforcement Actions ,
False Advertising ,
Marketing ,
Misleading Impressions ,
NAD ,
Popular ,
Price Comparisons ,
Public Disclosure ,
T-Mobile ,
Telecommunications ,
Unfair or Deceptive Trade Practices ,
Wireless Industry ,
Wireless Technology
The medical director of Golden Sunrise Nutraceutical, Inc., agreed to settle Federal Trade Commission (FTC) charges that he took part in deceptively advertising a $23,000 treatment plan as a scientifically proven way to treat...more
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have filed the first case under the COVID-19 Consumer Protection Act, a law passed by Congress in December 2020 that imposes financial penalties on...more
The Federal Trade Commission (FTC or Commission) staff has issued a report highlighting the agency’s ongoing efforts to protect consumers during the COVID-19 pandemic. The report discusses challenges consumers face during the...more
The Federal Trade Commission (FTC) has been active in sending refunds to consumers who were allegedly victimized by false and misleading advertising and marketing campaigns. On October 14, the FTC announced that it was...more
On September 11, 2020, in a 2-1 decision, the U.S. Court of Appeals, Ninth Circuit, upheld the Federal Trade Commission’s (FTC) $50 million victory in its lawsuit alleging that an India-based online publisher, OMICS Group,...more
The Federal Trade Commission (FTC) has sued a California-based company named Golden Sunrise Nutraceutical, Inc., and some of its officers, alleging that the company is falsely marketing its Emergency D-Virus plan as a...more
A series of cases concerning alleged misrepresentations of vanilla content in products have been filed against retailers and food brands. Notable challenges have largely focused on allegations of misleading representations...more
On May 11, 2020, the Federal Trade Commission (FTC) announced a proposed settlement with the operator of a deceptive crowdfunding scheme—Douglas Monahan, who operated iBackPack of Texas—for raising money to develop a...more
On May 7, 2020, the Federal Trade Commission (FTC) sent an additional 45 warning letters to companies and individuals concerning allegedly unsubstantiated claims that their products can treat or prevent COVID-19. This is the...more
Time has run out on a deceptive pricing lawsuit against Fossil, with the parties reaching a $4.5 million settlement agreement.
Timur Safransky accused the timepiece company of using deceptive comparative price tags on...more
Amazon successfully moved a putative class action challenging its pricing practices to arbitration after the U.S. Court of Appeals, Ninth Circuit held that the retailer’s agreement was not unconscionable....more
Not long after the U.S. Court of Appeals, First Circuit tossed deceptive pricing claims for lack of injury, a California federal court reached a similar result in a putative class action against Ross Stores Inc. for...more
Fake Subscription Notices, Real FTC Lawsuit -
Fake subscription notices are the subject of a new lawsuit filed by the Federal Trade Commission in an Oregon federal court.
The defendants, a web of dozens of...more
5/19/2016
/ Civil Forfeiture ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
FTC Act ,
Job Applicants ,
Lead Generators ,
Misrepresentation ,
Petition for Writ of Certiorari ,
POM Wonderful ,
Scientific Evidence ,
SCOTUS ,
Section 5 ,
Unfair or Deceptive Trade Practices ,
Weight-Loss Products
New in False Advertising Lawsuits: Security Systems and Oatmeal -
Class action complaints alleging false advertising run the gamut of products and services, and recent lawsuits filed across the country bear this...more
3/25/2016
/ CLRA ,
Consumer Financial Protection Bureau (CFPB) ,
Data Security ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internet Retailers ,
Joint and Several Liability ,
Misrepresentation ,
PCI-DSS Standard ,
Personal Liability ,
Section 5 ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing
EU, U.S. Reach Data Deal—Not a Harbor, but a Shield -
After the deadline expired to reach a deal on a new Safe Harbor for the transatlantic transfer of data, the European Union and the United States reached an agreement...more
2/22/2016
/ Advertising ,
Article 29 Working Party (WP29) ,
Clear and Convincing Evidence ,
Comparative Advertising ,
Defamation ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
FTC Act ,
International Data Transfers ,
Kohls ,
Libel ,
Made in the USA ,
Misrepresentation ,
Personal Data ,
Product Labels ,
Public Figures ,
Twitter ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing ,
US-EU Safe Harbor Framework
Eleventh Circuit Rejects Application of VPPA to Free App -
The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more
10/30/2015
/ Analytics ,
App Developers ,
Business & Professions Code ,
Cartoon Network ,
Chilling Effect ,
Class Action ,
Consumers Legal Remedies Act ,
Copyright ,
Data Privacy ,
Data Protection ,
Data Security ,
Davis v. Electronic Arts ,
Electronic Arts ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
First Amendment ,
Misrepresentation ,
Mobile Apps ,
Motion to Dismiss ,
Name and Likeness ,
NFL ,
Nordstrom Inc. ,
Online Videos ,
Personally Identifiable Information ,
Petition for Writ of Certiorari ,
Putative Class Actions ,
Retailers ,
Right of Publicity ,
SCOTUS ,
Smartphones ,
Standing ,
Subscribers ,
The Copyright Act ,
Third-Party ,
Transformative Use ,
Unfair Competition ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing ,
Video Games ,
VPPA
"Flying Rabbi" Suit Crash Lands in NY Appellate Court -
A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel...more
10/16/2015
/ Advertising ,
Comparative Advertising ,
Confidentiality Agreements ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Dietary Supplements ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Invasion of Privacy ,
Jurisdiction ,
Misappropriation ,
Mobile Apps ,
NAD ,
Name and Likeness ,
Non-Disparagement Provisions ,
Online Endorsements ,
Permanent Injunctions ,
Public Interest ,
Puffery ,
Redress Payments ,
Right to Privacy ,
Section 5 ,
Social Media ,
Television Shows ,
Truth in Advertising ,
Unfair or Deceptive Trade Practices ,
Video Privacy ,
YouTube
Commercials Pulled After Endorser Admits 9/11 Lies -
The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more
10/9/2015
/ Advertising ,
Air Pollution ,
Celebrities ,
Celebrity Endorsements ,
Class Action ,
Consent ,
COPPA ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Encryption ,
Environmental Protection Agency (EPA) ,
False Statements ,
Federal Trade Commission (FTC) ,
Instagram ,
Parental Consent ,
Pinterest ,
Section 5 ,
Social Media ,
Startups ,
Television Commercials ,
Unfair or Deceptive Trade Practices ,
Volkswagen
State AGs Settle Negative Option Marketing Case for $1M:
Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington.
According to the...more
10/1/2015
/ Ashley Madison ,
Attorney General ,
Class Action ,
Consent Decrees ,
Data Privacy ,
Dot Com Disclosure Guide ,
Electronic Communications ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Green Guides ,
Invasion of Privacy ,
Personal Data ,
Prior Express Consent ,
Punitive Damages ,
Putative Class Actions ,
Restitution ,
ROSCA ,
Twitter ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment