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The Deletion of “Legitimate Business Activity” from the FTC’s Strategic Plan

For decades, the FTC has explained that the omission of information can lead to liability. It is also a canon of statutory construction that an amendment helps reveal legislative intent. And of course, your mother put it...more

TINA.org Lobbies FTC to Use Penalty Offense Authority against Direct Sellers

TINA.org continues to aggressively beat the enforcement drum. Today, its leaders sent a letter to Acting Director of the Bureau of Consumer Protection Samuel Levine encouraging the FTC “to implement a penalty offense program...more

FTC Can’t Challenge Prior Acts in Federal Court Says Third Circut

In a decision that will limit the Federal Trade Commission’s (FTC) ability in both consumer protection and antitrust matters to bring certain claims in federal court, the Third Circuit Court of Appeals held in FTC v. Shire...more

FTC Announces Settlement with Uber over Allegedly Deceptive Earnings Claims; Commissioner Ohlhausen Dissents

In its latest action involving allegedly deceptive earnings claims, the FTC announced yesterday that Uber had agreed to settle charges that it misled potential drivers with inflated earnings claims. The complaint also...more

Ad Cops After Four Decades: Report Finds Self-Regulation Works, But Popularity May Lead To Change

MCC: On April 15, a working group associated with the ABA released a report* evaluating the National Advertising Division (NAD) and the state of advertising self-regulation in the U.S. You led the group in these efforts....more

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