Over recent years, via regulatory investigations and enforcement matters, the FTC and state attorneys general have made clear that they believe unsubstantiated express and implied earnings claims are a persistent problem…
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/ Administrative Law, Antitrust & Trade Regulation, Consumer Protection
The Federal Trade Commission, along with a coalition of states, has taken decisive action to stop alleged collusion between the nation’s largest advertising agencies that purportedly distorted America’s modern public square…
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/ Antitrust & Trade Regulation, Communications & Media Law
On April 14, 2026, announced were three Federal Trade Commission law enforcement actions involving three companies that allegedly deceived American consumers by falsely claiming, in advertising and labeling, that their products…
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/ Antitrust & Trade Regulation, Consumer Protection
Washington’s Commercial Electronic Mail Act (‘CEMA” or the “Statute”) was enacted in 1998. Along with aggressive California ((Business & Professions Code §17529.5) and federal anti-SPAM litigation, the Statute is utilized by…
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/ Communications & Media Law, Consumer Protection, Privacy
On March 2, 2026, New York Attorney General Letitia James released a list of the top 10 consumer complaints received by the Office of the Attorney General (OAG) in 2025. The top fraud categories include retail, housing,…
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/ Antitrust & Trade Regulation, Consumer Protection, Finance & Banking, Privacy
On March 13, 2026, President Trump announced a new Executive Order that direct federal agencies to enhance oversight of “Made in USA” claims. Amongst other things, the new Executive Order includes direction to the Federal Trade…
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/ Administrative Law, Consumer Protection, Government Contracting
On March 26, 2016 the FTC announced today that it is seeking public comment on an Advance Notice of Proposed Rulemaking (ANPRM) concerning the agency’s Rule Concerning the Use of Prenotification Negative Option Plans, commonly…
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/ Administrative Law, Antitrust & Trade Regulation, Consumer Protection
Online content creators, such as bloggers, influencers, online streamers, celebrities and social media personalities, can have a large impact on a customer’s buying behavior…
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/ Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection
Strike-through pricing is a popular marketing technique where a higher “regular” price is listed on marketing materials and crossed out immediately adjacent to a lower, “discounted” sale price. The practice is policed when…
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/ Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection
The Federal Trade Commission generally seeks monetary civil penalties when it is alleging violations of rules that the agency enforces, such as the Made in USA Labeling Rule, the Restore Online Shoppers’ Confidence Act and the…
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/ Administrative Law, Civil Remedies, Consumer Protection
Late last month, the Federal Trade Commission announced that it has submitted a draft Advance Notice of Proposed Rulemaking (“ANPRM”) concerning the FTC’s Rule Concerning the Use of Prenotification Negative Option Plans,…
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/ Administrative Law, Antitrust & Trade Regulation, Consumer Protection
Telephone Consumer Protection Act demand letters are frequently handled by TCPA attorneys and law firms like Hinch Newman, LLP. TCPA demand letters that allege violations such as the unlawful and unauthorized use of…
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/ Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy
The Federal Trade Commission and State Attorneys General are aggressively investigating the use of fake or false consumer reviews and testimonials – including AI-generated reviews – on consumer review platforms like Google and…
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/ Administrative Law, Antitrust & Trade Regulation, Consumer Protection
The Federal Trade Commission utilizes a number of remedial theories when attempting to hold a bad actor liable for the actions of a third party. One such theory is known as “means and instrumentalities” liability, where a bad…
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/ Administrative Law, Antitrust & Trade Regulation
As previously covered here, the Federal Trade Commission has recently warned businesses to comply with the FTC Consumer Review Rule…
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/ Administrative Law, Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection
