News & Analysis as of

AMG Capital Management LLC v FTC

Hudson Cook, LLP

FTC Expands Creative Use of Gramm-Leach-Bliley Act to Recover Consumer Redress from Defendants

Hudson Cook, LLP on

In 2021, the U.S. Supreme Court held unanimously in AMG Capital Management, LLC v. Federal Trade Commission that the Federal Trade Commission is not entitled to consumer redress in cases brought under Section 13(b) of the FTC...more

Venable LLP

Façade, Fraud: FTC Final Rule Banning Fake Reviews

Venable LLP on

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

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

Venable LLP on

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

BakerHostetler

The Chevron Decision Will Create Some Challenges for FTC Law Enforcement and Rulemaking

BakerHostetler on

It was certainly a memorable final week for the Supreme Court this term. There has been quite a lot to digest, and the impact and implications are broad and significant. But for now, let’s look through a narrow lens and focus...more

BakerHostetler

Money, Money, Money - How Does the FTC Get Money Back to Consumers?

BakerHostetler on

For those of you enjoying the summer weather and listening to ABBA on repeat (or maybe that’s just me), you might have missed that earlier this month the Federal Trade Commission (FTC) released its Annual Report on Refunds to...more

BakerHostetler

In Recent Report to Congress, FTC Makes Clear: Let Us Go Directly to Court, on Our Own, for Money

BakerHostetler on

The other week, the Federal Trade Commission (FTC) issued a Report to Congress under the FTC Collaboration Act that requires the FTC to conduct a study on its efforts with state attorneys general to combat fraud across the...more

Hinch Newman LLP

FTC Announces Impersonation Rule Now Effective

Hinch Newman LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

FTC Cracks Down on Business-to-Business Telemarketing and Seeks Input on Addressing Tech Support Scam Calls

The amended Rule now more broadly prohibits misrepresentation of goods and services during B2B telemarketing calls. The FTC has also amended the Rule to require enhanced recordkeeping practices for telemarketers and...more

BakerHostetler

FTC Moves to Modify Telemarketing Sales Rule

BakerHostetler on

The 1995 Telemarketing Sales Rule (TSR), and particularly its later added Do Not Call provisions, come about as close as one can get to a universally popular government program. So anytime the FTC modifies the TSR, it is big...more

BakerHostetler

No Faking. FTC Doubles Down on AI Impersonations

BakerHostetler on

In April 2018, a PSA featuring former president Barack Obama made its rounds on the internet. In the video, Obama warned that we were “entering an era in which our enemies can make it look like anyone is saying anything at...more

Venable LLP

Impersonation Rulemaking: FTC Takes Steps to Tackle AI

Venable LLP on

On February 15, 2024, the Federal Trade Commission (FTC) announced a two-step approach to tackling impersonation fraud. First, the FTC finalized a rule regulating the impersonation of businesses and government entities (the...more

BakerHostetler

Money, Money, Money - Recent Decision Shows a Court Wrestling with the Proper Amount of Civil Penalties to Award the FTC

BakerHostetler on

Much ink has been spilled over the impact of the Supreme Court’s AMG decision on the Federal Trade Commission (FTC). That decision held that Section 13(b) of the FTC Act did not authorize a federal court to award equitable...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Enforcement Trends in Consumer Protection Under the Biden Administration

The Federal Trade Commission (FTC or the Commission) has continued aggressive regulation in the consumer protection space under the Biden administration. This persistent approach has occurred even in the face of recent...more

BakerHostetler

What You Gonna Do With All That Junk (Fees)?

BakerHostetler on

In his State of the Union address this February, President Joe Biden promised to crack down on junk fees. The Federal Trade Commission (FTC) made good on that promise in short order on Oct. 11, announcing a proposed rule to...more

Morrison & Foerster LLP

Agencies Take Action on "Junk Fees"

Morrison & Foerster LLP on

On October 11, 2023, the Federal Trade Commission (FTC) issued a proposed rule to prohibit so-called junk fees, and the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion to large banks and credit unions...more

Venable LLP

Tracking the Impact of Securities and Exchange Commission v. Jarkesy and Other Constitutional Challenges Against the FTC

Venable LLP on

In recent years, independent agencies have continued to face a number of constitutional and statutory challenges before the Supreme Court. AMG Capital Management struck down the Federal Trade Commission’s authority to obtain...more

ArentFox Schiff

Penalty Offense Authority and the Future of FTC Privacy Law

ArentFox Schiff on

From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States. The states played an important role,...more

Ballard Spahr LLP

Seventh Circuit Holds FTC Act Does not Allow Disgorgement to U.S. Treasury

Ballard Spahr LLP on

In FTC v. Credit Bureau Center, LLC, the Seventh Circuit recently held that Section 19 of the Federal Trade Commission Act does not allow the FTC to deposit excess funds awarded as restitution under Section 19 in the U.S....more

Cozen O'Connor

AGs Provide Input on FTC-AG Collaboration Efforts

Cozen O'Connor on

A bipartisan group of 30 AGs provided comments to the FTC on ways to improve collaboration between the FTC and AGs on protecting consumers from fraud and scams, as mandated by the FTC Collaboration Act of 2021....more

Hinch Newman LLP

FTC Updates Endorsement Guides and FAQ Guidance Document While Proposing Rule That Will Impact Influencer Marketing and Digital...

Hinch Newman LLP on

The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...more

Venable LLP

Addressing the Redress: District Court Limits the Scope of FTC Consumer Redress for Rule Violations

Venable LLP on

In the wake of AMG Capital Management v. FTC and Liu v. SEC, uncertainty has loomed as to how courts should measure the consumer redress available to the FTC under Section 19 of the FTC Act. Earlier this month, a court in the...more

BakerHostetler

Are Hospital Acquisitions with COPA Authorization Exempt from HSR Pre-Merger Notification?

BakerHostetler on

The Federal Trade Commission (FTC or the Commission) has experienced multiple recent setbacks with respect to its regulatory authority. Now a new dispute raises questions about whether hospital acquisitions with Certificate...more

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker - April 2023 #2

In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to...more

ArentFox Schiff

FTC Puts Almost 700 Advertisers on Notice That They May Face Civil Penalties for Unsubstantiated Claims

ArentFox Schiff on

On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice...more

Benesch

The FTC Has Not Taken Its Foot Off the Pedal on "Made in the USA" Claims

Benesch on

The fact that the Federal Trade Commission  (“FTC”) has been active over the last two-plus years is far from breaking news. While it has gained tremendous attention for its relatively new interest in certain big issues—e.g.,...more

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