This week, the Federal Trade Commission (FTC) filed a lawsuit in federal court against rideshare and delivery company Uber for allegedly deceptive subscription practices, including making it unreasonably difficult to cancel....more
4/25/2025
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Ridesharing ,
Subscription Services ,
Uber ,
Unfair or Deceptive Trade Practices
With tariffs creating an atmosphere where “imported” may soon come to mean “expensive,” American businesses might be tempted to use their advertising and packaging to emphasize the American origin of their product, no matter...more
4/17/2025
/ Advertising ,
California ,
Class Action ,
Consumer Protection Laws ,
False Advertising ,
FTC Act ,
Made in the USA ,
Manufacturers ,
Regulatory Requirements ,
Section 5 ,
Tariffs
Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as autorenewal of...more
3/21/2025
/ Auto-Renewal ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Regulatory Requirements ,
Rulemaking Process ,
Subscription Services ,
Unfair or Deceptive Trade Practices
On March 10, the Department of Justice (DOJ) moved to drop a lawsuit filed on behalf of the Federal Trade Commission (FTC) against Xlear, which marketed a line of over-the-counter saline nasal spray products touted to treat...more
3/18/2025
/ Advertising ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Dismissals ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misleading Statements ,
Pending Litigation ,
Unfair or Deceptive Trade Practices
We’ve written previously about the Trump administration’s effort to increase his influence over independent agencies such as the FTC and to review regulations promulgated by these agencies. The White House is also reportedly...more
3/4/2025
/ Administrative Agencies ,
Consumer Fraud ,
Consumer Privacy Rights ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Involuntary Reduction in Force ,
Online Platforms ,
Regulatory Agenda ,
Section 5 ,
Unfair or Deceptive Trade Practices
Last week, a security services company and several trade groups filed their merits brief in the U.S. Court of Appeals for the Eighth Circuit challenging the Federal Trade Commission’s (FTC) newly adopted Negative Option Rule,...more
2/26/2025
/ Administrative Procedure Act ,
B2B Transactions ,
Cancellation Rights ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Rulemaking Process ,
Statutory Authority ,
Subscription Services ,
Unfair or Deceptive Trade Practices
With much of the administrative state in turmoil, the Federal Trade Commission (FTC) appears to be holding steady and continuing to litigate its current cases. We previously discussed the FTC’s lawsuit against Grand Canyon...more
This week, the U.S. Court of Appeals for the Fifth Circuit vacated the Federal Trade Commission’s (FTC) Combatting Auto Retail Scams (CARS) rule....more
2/3/2025
/ Administrative Procedure Act ,
Appeals ,
Automotive Industry ,
CARS Rule ,
Consumer Protection Laws ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Regulatory Requirements ,
Unfair or Deceptive Trade Practices ,
Vacated
As part of a flurry of activity this week before the change in its leadership, the Federal Trade Commission (FTC) announced proposed rulemakings regarding deceptive earnings claims by multilevel marketers and money-making...more
1/20/2025
/ Advertising ,
Earnings Reports ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
MLM ,
MLM Industry ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
This week, the Federal Trade Commission (FTC) and the New York attorney general announced a settlement with Handy Technologies, Inc. to resolve allegations that the company engaged in an array of unfair and deceptive...more
1/10/2025
/ Advertising ,
Consumer Protection Laws ,
Employee Rights ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gig Economy ,
Section 5 ,
Settlement ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
This week, the Federal Trade Commission (FTC) and the Illinois attorney general announced a settlement with Grubhub Inc. to resolve allegations that the company engaged in an array of unfair and deceptive practices that...more
12/19/2024
/ Advertising ,
Cancellation Rights ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
GrubHub ,
Hidden Fees ,
Job Ads ,
ROSCA ,
State Attorneys General ,
Subscription Services ,
Unfair or Deceptive Trade Practices
During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more
9/4/2024
/ Administrative Law Judge (ALJ) ,
Advertising ,
Choice-of-Venue ,
Consent ,
Discrimination ,
Disparate Impact ,
ECOA ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
Race Discrimination ,
Section 5
In a surprising ruling, a federal district court in Arizona has held that the Federal Trade Commission (FTC) cannot prosecute claims under the FTC Act against a nonprofit educational institution.
Late last year, the FTC...more
On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...more
8/16/2024
/ Advertising ,
AMG Capital Management LLC v FTC ,
Artificial Intelligence ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Popular ,
Section 5 ,
Social Media ,
Testimonial Statements
In July, the Federal Trade Commission (FTC) brought a complaint against Career Step LLC for targeting servicemembers with misrepresentations concerning Career Step’s ability to match its customers with jobs in the healthcare...more
Last month, in a joint effort with the Department of Labor (DOL), the Federal Trade Commission (FTC) settled an action against Arise Virtual Solutions, Inc. related to charges that the company regularly used misleading...more
8/2/2024
/ Advertising ,
Business Opportunity Laws ,
Department of Labor (DOL) ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gig Economy ,
Independent Contractors ,
Job Ads ,
Misleading Statements ,
Section 5 ,
Statutory Violations
In early July the Staff of the Federal Trade Commission (FTC) issued new guidance on how to approach Made in USA claims. The agency says the new guidance will help businesses comply with its “all or virtually all” standard,...more
In a move that's sure to make nonbank financial institutions even more uncomfortable, the Consumer Financial Protection Bureau (CFPB) has decided to shine a brighter light on those that have been alleged to violate consumer...more
6/11/2024
/ Compliance ,
Consent Order ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
EFTA ,
Enforcement Actions ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
FTC Act ,
NMLS ,
Nonbank Firms ,
Registration Requirement ,
Section 5 ,
Truth in Lending Act (TILA) ,
UDAP
If your advertising or marketing practices have triggered a Federal Trade Commission (FTC) investigation and you have received a civil investigative demand (CID) (i.e., administrative subpoena) or access letter, what’s next?...more
On September 19, Sam Levine, the director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined the agency’s priorities at the annual conference of the National Advertising Division. Here are the...more
9/20/2023
/ Advertising ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
Hidden Fees ,
NAD ,
Pricing ,
Proposed Rules ,
Trade Conference ,
Unfair or Deceptive Trade Practices ,
Website Design
The Seventh Circuit has once again weighed in on the scope of the Federal Trade Commission’s (FTC’s) remedial authority. The case, FTC v. Credit Bureau Center, LLC, has had, in the words of the court, “a long and winding...more
As we covered previously, courts are coming around to reading Section 19 of the FTC Act more narrowly than the Federal Trade Commission may hope. In the latest instance, on June 9, 2023, a magistrate judge in the Southern...more
In the wake of AMG Capital Management v. FTC and Liu v. SEC, uncertainty has loomed as to how courts should measure the consumer redress available to the FTC under Section 19 of the FTC Act. Earlier this month, a court in the...more
The Federal Trade Commission’s recent settlement with Dalal A. Akoury and AWAREmed Health & Wellness Resource Center provides a good overview of how today’s FTC approaches medical claims it believes are unsubstantiated. The...more
3/23/2023
/ Advertising ,
Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Drug & Alcohol Abuse ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Health Clinics ,
Opioid ,
Settlement ,
Unfair or Deceptive Trade Practices
As the dust settles from the Supreme Court’s decision in AMG Capital Management, LLC v. FTC, 141 S. Ct. 1341 (2021), which gutted the Federal Trade Commission’s authority to obtain equitable monetary relief in court, the...more