On June 17, 2024, the Federal Trade Commission announced an action against software maker Adobe and two of its executives for allegedly deceiving consumers by hiding the early termination fee for its most popular subscription...more
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
On June 10, 2024, the U.S. Justice Department announced that together with the Federal Trade Commission, it filed an amended complaint against telehealth company Cerebral Inc., Cerebral’s founder and former Chief Executive...more
6/12/2024
/ Civil Monetary Penalty ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Healthcare ,
Misrepresentation ,
PHI ,
ROSCA ,
Sensitive Personal Information ,
Telehealth ,
Telemedicine
On June 4, 2024, the Consumer Financial Protection Bureau issued a circular warning against the use of unlawful or unenforceable terms and conditions in contracts for consumer financial products or services. According to the...more
6/6/2024
/ Bank Accounts ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Contract Terms ,
Deceptively Misdescriptive ,
Financial Institutions ,
Mortgages ,
Proposed Rules ,
Remittance Transfer Rule ,
Truth in Lending Act (TILA)
On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared...more
Generally speaking, investigatory procedures, including use of compulsory process, may be used by Federal Trade Commission (FTC) attorneys in connection with the spectrum of activities that the agency is authorized or...more
5/24/2024
/ Cease and Desist Orders ,
Civil Investigation Demand ,
Compliance ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Law Enforcement ,
Penalties ,
Policies and Procedures ,
Rulemaking Process
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
On May 15, 2024, the Federal Trade Commission Chair Lina M. Khan appeared before the House Appropriations Subcommittee on Financial Services and General Government to discuss the agency’s FY 2025 budget request and ongoing...more
5/17/2024
/ Antitrust Division ,
Consumer Protection Laws ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Excessive Fees ,
Federal Budget ,
Federal Trade Commission (FTC) ,
FERC ,
Fraud ,
Investment ,
Non-Compete Agreements ,
Pharmaceutical Industry ,
Unfair Competition
As previously blogged about, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping...more
Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more
4/16/2024
/ Allstate ,
Class Certification ,
Consent ,
Do Not Call List ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Insurance Industry ,
Joinder ,
Lead Generators ,
Liability ,
Motion for Summary Judgment ,
Regulatory Violations ,
Subcontractors ,
TCPA ,
Telemarketing
The rule gives the FTC stronger tools to combat those that impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking civil penalties -
The Federal Trade Commission’s new rule on...more
As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. ...more
3/27/2024
/ Abusive Acts ,
Audits ,
B2B Transactions ,
Compliance ,
Deceptively Misdescriptive ,
Established Business Relationship ,
Federal Trade Commission (FTC) ,
Fraud ,
Lead Generators ,
New Rules ,
Recordkeeping Requirements ,
TCPA ,
Telemarketing ,
Telemarketing Sales Rule ,
Telephone Service Providers ,
Training Requirements
On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more
3/18/2024
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Call Centers ,
Consent ,
Digital Markets Strategy ,
Do Not Call List ,
FCC ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lead Generators ,
Opt-Outs ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more
3/11/2024
/ California ,
Consent ,
Debt-Relief Industry ,
Department of Justice (DOJ) ,
Do Not Call List ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misrepresentation ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Telemarketing Sales Rule
On March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements as a result of developments in technology and...more
3/8/2024
/ Advertising ,
Artificial Intelligence ,
B2B Transactions ,
Do Not Call List ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Final Rules ,
Fraud ,
Global Marketplace ,
Proposed Amendments ,
Proposed Rules ,
Recordkeeping Requirements ,
Robocalling ,
Scams ,
Small Business ,
Technology Sector ,
Telemarketing ,
Telemarketing Sales Rule
On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more
2/26/2024
/ Browser History ,
Comment Period ,
Consent Agreements ,
Corporate Counsel ,
Data Collection ,
Data Selling ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Prior Express Consent ,
Privacy Laws ,
Privacy Policy ,
Public Comment ,
Section 5 ,
Settlement ,
Software ,
Software Developers ,
UK ,
Unfair or Deceptive Trade Practices
The Federal Communications Commission has published its new rule designed, in part, to close the lead generator loophole by amending the definition of “prior express written consent” for purposes of the Telephone Consumer...more
1/31/2024
/ Consent ,
FCC ,
Lead Generators ,
New Rules ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-Outs ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Written Consent
On December 11, 2023, the Federal Trade Commission announced that it has obtained proposed orders against the operators of a purported wide-ranging scheme known as “The Sales Mentor” that allegedly made millions by falsely...more
1/2/2024
/ Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Breach ,
Data Security ,
Deceptively Misdescriptive ,
Endorsements ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Personal Data ,
Refunds ,
Telemarketing ,
Testimonial Statements ,
Training
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
12/29/2023
/ Advertising ,
Advertising to Minors ,
Audio Recording ,
Biometric Information ,
Consent ,
COPPA ,
Data Collection ,
Data Deletion ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Notice of Proposed Rulemaking (NOPR) ,
Notice Requirements ,
Parental Consent ,
Personal Information ,
Proposed Amendments ,
Remedial Actions ,
Third-Party
On December 13, 2023, the Federal Communications Commission adopted new rules designed to protect consumers from “scam communications” by directly addressing some of the “biggest vulnerabilities” in America’s robotext...more
One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time.
The FCC has now circulated its proposed rule. It has not been adopted yet but it looks like it will be...more
11/27/2023
/ Consent ,
Do Not Call List ,
FCC ,
Lead Generators ,
Notice of Proposed Rulemaking (NOPR) ,
Prior Express Consent ,
Proposed Rules ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Unsolicited Advertisements
On November 21, 2023, the Federal Trade Commission announced that it has approved an omnibus resolution authorizing the use of compulsory process in non-public investigations involving products and services that use or claim...more
11/22/2023
/ Artificial Intelligence ,
Civil Investigation Demand ,
Consumer Protection Orders ,
Documentation ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Information Reports ,
Infringement ,
Machine Learning ,
Omnibus Guidance ,
Testimony ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
On October 11, 2023, the Federal Trade Commission announced a new proposed rule to prohibit “junk fees,” which the FTC states are hidden and bogus fees that can harm consumers and undercut honest businesses.
FTC...more
10/16/2023
/ Advertising ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Transportation (DOT) ,
Disclosure Requirements ,
FCC ,
Federal Trade Commission (FTC) ,
Fees ,
Hidden Fees ,
Hotels ,
HUD ,
Price Comparisons ,
Proposed Rules ,
Subscription Services ,
Transparency ,
Utilities Sector
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
On September 1, 2023, an Illinois federal court ruled in the matter of Federal Trade Commission v. Day Pacer LLC, et al. (N.D. Ill. Sept. 1, 2023) that Day Pacer (f/k/a EduTrek) and company executives violated the...more
9/14/2023
/ Antitrust Violations ,
CID ,
Civil Monetary Penalty ,
Consumer Information ,
Do Not Call List ,
Enforcement ,
Federal Trade Commission (FTC) ,
Investigations ,
Lead Generators ,
Partial Summary Judgments ,
Telemarketing ,
Telemarketing Sales Rule ,
Third-Party Service Provider ,
Unconstitutional Condition ,
VoIP