John Villafranco on Unfair or Deceptive Trade Practices

FTC Consumer Protection Orders: The Case for a New Sunset Policy

Since 1986, WLF’s Legal Studies Division has served as the preeminent publisher of persuasive, expertly researched, and highly respected legal publications that explore cutting-edge and timely legal issues. These articles do...more

6/2/2025 / Antitrust Provisions , Consumer Protection Orders , Enforcement Actions , Federal Trade Commission (FTC) , Government Agencies , Regulatory Agencies , Regulatory Oversight , Regulatory Reform , Sunset Provisions , Unfair or Deceptive Trade Practices

A Respondent’s Wishlist: 10 Changes Businesses Would Like to See From the New FTC Bureau of Consumer Protection

With a Republican majority soon to be at the helm of the Federal Trade Commission, businesses are watching closely to see whether and how the regulatory landscape will shift. In this post, we break down ten things we, as...more

2/13/2025 / Advertising , Consumer Protection Laws , Enforcement Actions , False Advertising , Federal Trade Commission (FTC) , FTC Act , Rulemaking Process , Unfair or Deceptive Trade Practices

FTC Puts Pedal to the Metal to Release Proposed Rule on MLM Earnings Claims, Changes to Business Opportunity Rule—but Republican...

The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that...more

1/15/2025 / Advertising , Business Opportunity Laws , Consumer Protection Laws , Disclosure Requirements , Enforcement , Federal Trade Commission (FTC) , Marketing , MLM Industry , Proposed Rules , Unfair or Deceptive Trade Practices

FTC Staff’s Revised MLM Guidance—More Content, Less Clarity

Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective on applicable standards governing the direct selling and multi-level...more

5/3/2024 / Endorsements , Federal Trade Commission (FTC) , FTC Endorsement Guidelines , Marketing , Unfair or Deceptive Trade Practices

FTC Sends Penalty Offense Notices to Nearly 700 Companies Regarding Product Claims Substantiation

The FTC sent out new penalty offense notices to 670 companies today, warning them that failure to substantiate product claims could result in civil penalties of more than $50,000. The companies also received copies of the...more

4/14/2023 / Advertising Substantiation , Endorsements , Federal Trade Commission (FTC) , Unfair or Deceptive Trade Practices

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

11/30/2021 / Anti-Competitive , Competition , Federal Trade Commission (FTC) , Section 5 , Unfair or Deceptive Trade Practices

Post-AMG Scorecard: The FTC Pivots to Other Statutory Bases for Monetary Relief

The Supreme Court in AMG foreclosed the FTC’s ability to pursue monetary remedies under Section 13(b) of the FTC Act. That, however, AMG has not stopped the FTC from pursuing monetary relief directly in court, while...more

11/2/2021 / AMG Capital Management LLC v FTC , Corporate Counsel , Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b) , Injunctive Relief , ROSCA , Unfair or Deceptive Trade Practices

Flexing the Agency’s Muscles: What FTC Notice of Penalty Offenses Really Means for Advertisers

Over the last ten days, 700 companies and 70 for-profit colleges received notice of the FTC’s intent to pursue civil penalties under Section 5(m)(1)(b), if these companies and colleges engage in certain conduct deemed by the...more

10/21/2021 / Advertising , Corporate Counsel , Enforcement Actions , Federal Trade Commission (FTC) , Penalties , Unfair or Deceptive Trade Practices

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

7/1/2021 / Federal Trade Commission (FTC) , FTC Act , Section 5 , Unfair or Deceptive Trade Practices

The “Un-Sprung Bear Trap”: The Resurrection of the FTC’s Penalty Offense Authority As One Possible Solution to the 13(b) Problem

Late last week (Oct. 29), FTC Commissioner Rohit Chopra (D) and his Attorney Advisor Samuel Levine released a paper entitled “The Case for Resurrecting the FTC Act’s Penalty Offense Authority.” In it, Commissioner Chopra and...more

11/2/2020 / Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b) , Unfair or Deceptive Trade Practices

Section 13(b) at the Start of the Supreme Court’s October Term: Where Things Stand, Where They’re Likely to End, And A Proposed...

The Supreme Court’s new term began last Monday. This new term has taken on heightened significance with President Trump’s nomination of current Seventh Circuit Judge Amy Coney Barrett to the High Court. President Trump and...more

10/15/2020 / Antitrust Violations , Equitable Relief , Federal Trade Commission (FTC) , FTC Act , FTCA Section 13(b) , Injunctions , Injunctive Relief , Restitution , Unfair or Deceptive Trade Practices

FTC Requests Congressional Clarification of the Its Ability to Obtain Monetary Relief Under Section 13(b)

Yesterday, Commissioner Christine Wilson testified before the U.S. House Committee on Energy and Commerce Subcommittee on Consumer Protection and Commerce, and asked Congress to clarify the extent of the FTC’s authority to...more

5/10/2019 / Advertising , Enforcement Actions , Federal Trade Commission (FTC) , FTC Act , Unfair or Deceptive Trade Practices

The Battle Over the Scope of FTC Judicial Enforcement Authority: Seventh Circuit Hears Oral Argument Regarding the Reach of...

Last month, we wrote about the decision of the U.S. Court of Appeals for the Third Circuit in FTC v. Shire Viropharma Inc., holding that the FTC may only bring a case under Section 13(b) of the FTC Act when the FTC can...more

4/19/2019 / Enforcement Actions , Federal Trade Commission (FTC) , FTC Act , Unfair or Deceptive Trade Practices

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

2/28/2019 / Antitrust Provisions , Federal Trade Commission (FTC) , FTC Act , Section 5 , Unfair or Deceptive Trade Practices

FTC Releases Business Guidance on Multi-Level Marketing, Memorializing Principles from Prior Settlements on Hot Button Issues

The FTC released today Business Guidance Concerning Multi-Level Marketing, which offers answers to frequently asked questions to assist multi-level marketers in evaluating their business practices for compliance with the FTC...more

1/5/2018 / Federal Trade Commission (FTC) , FTC Act , Marketing , Unfair or Deceptive Trade Practices

John Villafranco

Kelley Drye & Warren LLP

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