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 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
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
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
On July 2, 2024, the Federal Trade Commission announced that it is taking action against a gig work company for allegedly misleading consumers about the money they could make on the company’s platform and marketing its...more
7/11/2024
/ Business Opportunity Laws ,
Corporate Counsel ,
Corporate Misconduct ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Gig Economy ,
Misleading Statements ,
Popular ,
Settlement ,
Unfair Labor Practices
Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients.
The FTC will consider numerous factors, including, but not limited to, the extent to...more
6/13/2024
/ Advertising ,
Advertising Substantiation ,
Deceptive Intent ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misleading Statements ,
Telemarketing ,
Testimonial Statements ,
Third-Party Liability ,
UDAP ,
Unfair or Deceptive Trade Practices
The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct.
For...more
5/20/2024
/ Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Investigations ,
Lead Generators ,
Liability ,
Marketing ,
Misleading Statements ,
Third-Party Liability ,
Unfair or Deceptive Trade Practices ,
VoIP
In November 2019, the Federal Trade Commission filed a lawsuit against direct selling wellness company Neora, LLC (f/k/a Nerium International, LLC) and its Chief Executive Officer alleging that the company operates as an...more
In April 2023, the Federal Trade Commission announced a number of consumer protection actions and inquiries involving an important U.S. Supreme Court Ruling regarding the ability of defendants in FTC and SEC actions to raise...more
4/24/2023
/ Administrative Law Judge (ALJ) ,
Advertising Substantiation ,
Automatic Renewals ,
Consumer Protection Laws ,
Counterfeiting ,
Credit Cards ,
Department of Justice (DOJ) ,
Dietary Supplements ,
Disclosure Requirements ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Homeopathic Remedies ,
Investigations ,
Misleading Statements ,
Opioid ,
Over The Counter Drugs (OTC) ,
Penalties ,
Robocalling ,
Rulemaking Process ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Subscription Services ,
Targeted Digital Advertising ,
Telemarketing ,
VoIP
On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more
4/17/2023
/ Advertising ,
AMG Capital Management LLC v FTC ,
Appeals ,
Civil Monetary Penalty ,
Consent Order ,
Department of Justice (DOJ) ,
Due Process ,
Endorsements ,
Enforcement ,
Equal Protection ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Misleading Statements ,
Misrepresentation ,
SCOTUS ,
Securities and Exchange Commission (SEC)
February 2023 has been a busy couple of months at the Federal Trade Commission. High-profile consumer protection actions and announcements span a broad spectrum of digital advertising and marketing. From “review hijacking,...more
2/20/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising Substantiation ,
Consumer Protection Laws ,
Data Retention ,
Dietary Supplements ,
Digital Marketplace ,
Enforcement ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Misleading Statements ,
Online Reviews ,
PHI ,
Popular ,
Ratings ,
Settlement ,
Targeted Digital Advertising ,
Third-Party Service Provider
In December 2022, the the Federal Trade Commission published new guidance regarding representations about the benefits and safety of health-related products: Health Products Compliance Guidance. Federal Trade Commission...more
12/23/2022
/ Advertising Substantiation ,
Clinical Trials ,
Compliance ,
Deceptively Misdescriptive ,
Diagnostic Tests ,
Dietary Supplements ,
Disclosure Requirements ,
DSHEA ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Homeopathic Remedies ,
Liability ,
Misleading Statements ,
Mobile Apps ,
New Guidance ,
Over The Counter Drugs (OTC) ,
Safe Harbors