In March 2025, Office of the Attorney General for the State of New York introduced the Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act in the State Senate and State Assembly. The...more
5/27/2025
/ Consumer Lenders ,
Consumer Protection Laws ,
Damages ,
Debt Collection ,
Hidden Fees ,
Mortgage Lenders ,
New Legislation ,
New York ,
Penalties ,
Proposed Legislation ,
State Attorneys General ,
Student Loans ,
Unfair or Deceptive Trade Practices
The Federal Communications Commission’s Reassigned Numbers Database is designed to prevent a consumer from getting unwanted calls intended for someone who previously held their phone number. Telemarketers can use the...more
The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more
5/12/2025
/ Class Action ,
Consent ,
Consumer Protection Laws ,
Do Not Call List ,
Facebook Inc v Duguid ,
FCC ,
Litigation Strategies ,
Prior Express Consent ,
Robocalling ,
SCOTUS ,
Statutory Damages ,
Statutory Interpretation ,
TCPA ,
Telemarketing ,
Text Messages
A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”), without limitation, violated the Consumer Legal Remedies Act and...more
4/21/2025
/ California ,
Class Action ,
CLRA ,
Consumer Protection Laws ,
Damages ,
False Advertising ,
FTC Act ,
Manufacturers ,
Misrepresentation ,
Product Labels ,
Unfair Competition
On March 31, 2025, the White House announced that President Donald J. Trump signed an Executive Order designed “to protect fans from exploitative ticket scalping and bring commonsense reforms to America’s live entertainment...more
As contemplated in December 2024, the Federal Trade Commission’s operations during the first two months under the second Trump Administration have been chaotic. Unsurprisingly, the policy focus appears to be de-regulation...more
On March 10, 2025, the Director of the Federal Trade Commission’s Bureau of Consumer Protection published a blog entry on the FTC’s website entitled “Did your business receive a CID? The FTC means business.”...more
On the eve prior to its effective date, the FCC’s One-to-One Consent Rule that sought to redefine the meaning of "prior express written consent" under the Telephone Consumer Protection Act, was postponed for one year by order...more
1/27/2025
/ Administrative Procedure Act ,
Compliance ,
Consent ,
Consumer Protection Laws ,
Enforcement Actions ,
FCC ,
Prior Express Consent ,
Robocalling ,
Rulemaking Process ,
TCPA ,
Telecommunications
On January 13, 2025, the Federal Trade Commission announced that it is seeking comment on proposed changes to the Business Opportunity Rule and a proposed new Earnings Claim Rule. According to the FTC, the two, taken...more
1/17/2025
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Business Opportunity Laws ,
Civil Monetary Penalty ,
Consumer Fraud ,
Consumer Protection Laws ,
Enforcement ,
Federal Trade Commission (FTC) ,
Investigations ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Unfair or Deceptive Trade Practices
Has your company received an FTC warning letter or a penalty offense notice? If so, such correspondence should not be ignored because there is a high likelihood that the FTC is in the process of actively and quickly seeking...more
1/2/2025
/ Advertising ,
Civil Monetary Penalty ,
Code of Conduct ,
Compliance ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Marketing ,
Misleading Statements ,
MLM Industry ,
Penalties ,
VoIP ,
Warning Letters
On Friday, December 27, 2024, the Justice Department issued a final rule to address “urgent national security risks posed by access to U.S. sensitive personal and government-related data from countries of concern and covered...more
12/30/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advisory Opinions ,
Artificial Intelligence ,
Biden Administration ,
Biometric Information ,
Blackmail ,
China ,
Compliance ,
Covered Entities ,
Covered Person ,
Cuba ,
Cyber Attacks ,
Data Protection ,
Data Security ,
Data Transfers ,
Department of Justice (DOJ) ,
Enforcement ,
Espionage ,
Executive Orders ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Rules ,
Foreign Adversaries ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Licensing Rules ,
National Security Review Proceedings ,
North Korea ,
Notice Requirements ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Reporting Requirements ,
Russia ,
Venezuela
President-elect Donald Trump recently announced that Republican Commissioner Andrew Ferguson will chair the Federal Trade Commission during Mr. Trump’s second administration. Commissioner Ferguson is also a known critic of...more
12/16/2024
/ Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fraud ,
Investigations ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Nominations ,
Non-Compete Agreements ,
Penalties ,
Privacy Laws ,
Regulatory Agenda ,
Telemarketing ,
Telemarketing Sales Rule ,
Trump Administration
The FTC Better Online Ticket Sales Act (“BOTS Act” or the “Act”)) prohibits the circumvention of a security measure, access control system, or other technological control measure used online by a ticket issuer. The Act also...more
On October 16, 2024, the Federal Trade Commission announced the final FTC “Click-to-Cancel” Rule pertaining to recurring subscriptions and memberships.
The Federal Trade Commission is not the only regulatory agency that...more
The FTC often initiates enforcement actions seeking to hold companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. FTC CID and investigation attorney previously...more
10/25/2024
/ Advertising ,
Compliance ,
Credit Cards ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financing ,
Fraud ,
Lead Generators ,
Liability ,
Multi-Party Litigation ,
Robocalling ,
Telemarketing Sales Rule ,
VoIP
On October 16, 2024, the Federal Trade Commission announced a final “click-to-cancel” rule that will require sellers to make it as easy for consumers to cancel their enrollment as it was to sign-up. Most of the final rule’s...more
10/21/2024
/ Automatic Renewals ,
Cancellation Rights ,
Civil Monetary Penalty ,
Consent ,
Consumer Contracts ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Final Rules ,
Goods or Services ,
Informed Consent ,
Misleading Statements ,
Misrepresentation ,
Recordkeeping Requirements ,
Redress Payments ,
Subscription Services ,
Terms and Conditions
On October 11, 2024, the Federal Communications Commission announced that the effective date for Telephone Consumer Protection Act (TCPA) rules on revoking consent for unwanted robocalls and robotexts is set for April 11,...more
As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more
10/3/2024
/ Advertising ,
Artificial Intelligence ,
Celebrity Endorsements ,
Civil Monetary Penalty ,
Compensation ,
Compliance ,
Disclosure Requirements ,
Enforcement ,
Fake Reviews ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Misleading Statements ,
Misrepresentation ,
Ratings ,
Social Media ,
Testimonial Statements
The FTC continues to prioritize the investigation of online business coaching and mentoring programs, particularly business coaching scams that promise guaranteed income, large returns, “proven systems,” free or low-cost...more
On August 30, 2024, the Federal Trade Commission announced that the Department of Justice filed a complaint upon notification and referral from the FTC against a surveillance camera company that allegedly failed to provide...more
9/3/2024
/ CAN-SPAM Act ,
Civil Monetary Penalty ,
Compliance ,
Customer Information ,
Data Collection ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Infectious Diseases ,
Misrepresentation ,
Opt-Outs ,
Personal Information ,
Settlement ,
Surveillance ,
Without Consent
On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more
8/14/2024
/ Artificial Intelligence ,
Compensation ,
Corporate Counsel ,
Deceptive Intent ,
Disclosure Requirements ,
Enforcement Actions ,
Fake Reviews ,
False Advertising ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FTC Act ,
Incentives ,
Misrepresentation ,
Penalties ,
Social Media ,
Solicitation ,
Testimonial Statements
On August 8, 2024, the Federal Trade Commission announced that as a result of a lawsuit, two defendants that allegedly helped operate a purported business opportunity scheme known by several names have agreed to settlements...more
On August 2, 2024, on behalf of the Federal Trade Commission, the Department of Justice sued video-sharing platform TikTok, its parent company ByteDance, as well as its affiliated companies, with allegedly violating the...more
The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more
7/29/2024
/ Anti-Competitive ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Jurisdiction ,
Securities and Exchange Commission (SEC) ,
Sherman Act ,
Telecommunications ,
The Clayton Act ,
Unfair or Deceptive Trade Practices
On July 2, 2024 the Federal Trade Commission announced that it initiated action against online used car dealer Vroom for allegedly misrepresenting that it thoroughly examined all vehicles before listing them for sale and...more