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
This summer the Federal Trade Commission (FTC) has turned up the heat on two companies that provide extended car repair coverage, CarShield and American Auto Shields, for deceptive and misleading advertising and telemarketing...more
8/6/2024
/ Advertising ,
Celebrity Endorsements ,
Consumer Contracts ,
Consumer Insurance Products ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Service Contracts ,
Social Media ,
Unfair or Deceptive Trade Practices
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
This week, the Fifth Circuit Court of Appeals issued a stay of the Department of Transportation’s (DOT) price transparency and “junk fee” rule (the Rule or the Final Rule). The ruling effectively blocks the DOT from enforcing...more
8/1/2024
/ Air Carriers ,
Airlines ,
Chevron Deference ,
Department of Transportation (DOT) ,
Federal Trade Commission (FTC) ,
Fees ,
Loper Bright Enterprises v Raimondo ,
New Rules ,
Non-Compete Agreements ,
Price Transparency ,
Stays ,
Unfair or Deceptive Trade Practices
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
These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more
7/11/2024
/ Administrative Procedure Act ,
AMG Capital Management LLC v FTC ,
Chevron Deference ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Regulatory Authority ,
ROSCA ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Subscription Services ,
UDAAP ,
Unfair or Deceptive Trade Practices
On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The opinions overturned the long-standing "Chevron doctrine," under which...more
7/9/2024
/ Chevron Deference ,
Chevron v NRDC ,
Congressional Intent ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
Statutory Authority ,
Statutory Interpretation
In a landmark decision issued last week, SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment guarantees a defendant a jury trial when the SEC seeks civil penalties against the defendant for committing securities...more
7/8/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Article III ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
Judicial Authority ,
Jury Trial ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Regulation ,
Seventh Amendment
On May 20, Minnesota Gov. Tim Waltz signed the state’s so-called junk fee bill into law. The law, similar to a proposed Federal Trade Commission rule and laws in other states, requires businesses to include all mandatory fees...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
Late last week, the California attorney general released Frequently Asked Questions regarding California’s “Honest Pricing Law” or “Hidden Fees Statute,” which will take effect July 1, 2024. The law is anticipated to have a...more
The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) agreed this week to cooperate and coordinate consumer protection efforts in enforcing the FCC’s reinstated “net neutrality” rules. The...more
It’s not often we see defendants win a resounding victory against the Federal Trade Commission (FTC) and/or state attorneys general, especially after trial. But a recent opinion out of the Eastern District of Pennsylvania...more
In February 2024, a New York federal jury returned a split verdict in the New York attorney general’s lengthy battle against Quincy Bioscience, finding that certain of Quincy’s efficacy and establishment claims for a dietary...more
Historically, the Federal Trade Commission (FTC) has touted self-regulation as integral to consumer protection. This has included encouraging industries to work with the Better Business Bureau (BBB) in developing a...more
State attorneys general (AGs) are the chief legal officers of their states or territories and can bring actions to protect the “public interest” in almost any area of law. They represent the state government and the general...more
Listen to Episode 11 of our podcast, the Ad Law Tool Kit Show. In this episode, former Venable partner Alexandra Megaris talks to host Len Gordon about state attorney general investigations. Check out the episode....more
Listen to Episode 9 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Justin Pierce talks to host Len Gordon about copyright counseling and protection. Check out the episode....more
In late January, the Federal Trade Commission (FTC) and Justice Department (DOJ) announced a collaborative effort to update their instructions regarding preservation of electronic communications to targets of pre-litigation...more
The Rule-A-Palooza continues at the FTC. On March 7, 2024, the Federal Trade Commission (FTC) released a Final Rule that updates the recordkeeping requirements under the Telemarketing Sales Rule (TSR). The Final Rule requires...more
Listen to Episode 7 of our podcast, the Ad Law Tool Kit Show. In this episode, partners Ellen Berge and Andrew Bigart talk to host Len Gordon about payment processing. Check out the episode....more
Listen to Episode 7 of our podcast, the Ad Law Tool Kit Show. In this episode, partners Ellen Berge and Andrew Bigart talk to host Len Gordon about payment processing. Check out the episode....more
Last week, New York Attorney General Letitia James filed a lawsuit against the world’s largest beef producer JBS USA Food Company and JBS USA Food Company Holdings (JBS Group). The lawsuit challenges the company’s claim that...more
3/7/2024
/ Advertising ,
Audits ,
Civil Monetary Penalty ,
Climate Change ,
Disgorgement ,
Enforcement Actions ,
Environmental Claims ,
False Advertising ,
Greenwashing ,
Misleading Statements ,
NAD ,
Net Zero