News & Analysis as of

E-Commerce Unfair or Deceptive Trade Practices

Cozen O'Connor

FTC Presses Pause on Alleged E-Commerce Business Opportunity Scheme

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The FTC secured a temporary restraining order and other relief against Click Profit, LLC and related entities arising from allegations that the companies operate an e-commerce business opportunity scheme in violation of...more

Holland & Knight LLP

Ley 2439 de 2024: Modificaciones al estatuto del consumidor en Colombia

Holland & Knight LLP on

El Congreso promulgó la Ley 2439 de 2024 "[P]or medio de la cual se modifica la Ley 1480 de 2011 y se crean medidas de protección en favor del consumidor de comercio electrónico". Entre los cambios más relevantes introducidos...more

K&L Gates LLP

Emma Sleep Hit Snooze on CMA’s Guidance and Got a Rude Awakening—a Warning for Online Traders to Check Their Sales Tactics Are...

K&L Gates LLP on

In the lead-up to Black Friday, online traders should take heed of the latest laws governing online pricing practices and displays to avoid being “marked down” by the regulators, who are flexing their muscles in this space....more

Orrick, Herrington & Sutcliffe LLP

FTC releases complaint and court’s TRO against an allegedly deceptive e-commerce scheme

On October 21, the U.S. District Court for the Southern District of Florida granted the FTC’s motion for a temporary restraining order (TRO) against several companies and individuals (the defendants) engaged in an allegedly...more

WilmerHale

The FTC Cracks Down on Unfair and Deceptive Practices Involving the Use of AI

WilmerHale on

On September 25, 2024, the Federal Trade Commission (FTC) announced the launch of “Operation AI Comply,” an initiative created to tackle unfair and deceptive business practices involving the use of artificial intelligence...more

Orrick, Herrington & Sutcliffe LLP

FTC Targets Unfair or Deceptive AI Practices With Five New Enforcement Actions

The FTC recently announced five enforcement actions against companies that use or sell artificial intelligence (AI) tools that could deceive or harm consumers. With these actions, the FTC announced a new law enforcement sweep...more

Mintz - Antitrust Viewpoints

FTC Launches Operation AI Comply with Five Enforcement Actions Involving AI Misuse – AI: The Washington Report

On September 25, 2024, the Federal Trade Commission (FTC) announced five enforcement actions against companies that allegedly used AI to further deceptive or unfair conduct. The actions are part of the FTC’s Operation AI...more

BakerHostetler

FTC’s Operation AI Comply - Let’s Discuss Dissents

BakerHostetler on

On September 25, 2024, the Federal Trade Commission (FTC) announced five administrative complaints and proposed orders involving companies that – according to the agency’s press release – have allegedly relied on artificial...more

Womble Bond Dickinson

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

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The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more

Ballard Spahr LLP

Is your direct-to-consumer company using “dark patterns” on its website?

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Navigating the virtual marketplace has become an integral part of the consumer experience in the digital age. Lurking behind the convenience and accessibility of e-commerce websites, however, lies a subtle yet pervasive...more

Cozen O'Connor

Arkansas AG Alleges Temu Uses E-Commerce App for Unlawful Data Access

Cozen O'Connor on

Arkansas AG Tim Griffin has filed a lawsuit against PDD Holdings Inc. and WhaleCo Inc., d/b/a Temu, alleging that Temu’s popular online shopping app operates as malware that is designed to gain unauthorized access to users’...more

Pillsbury - Internet & Social Media Law Blog

The UK Introduces Tougher Penalties for Consumer Protection Breaches

In May 2024 the UK passed the new Digital Markets, Competition and Consumers Act (DMCC). Amongst other changes, the DMCC grants the UK Competition and Markets Authority (CMA) new powers to directly impose fines of up to 10%...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

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In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - September 2023

Suit Alleging Madison Reed Hair Color Claims Are Deceptive Will Live to "Dye" Another Day - Allegations that Madison Reed misrepresented the safety and quality of its at-home hair dying products survived a motion to...more

McCarter & English, LLP

INFORM Consumers Act: Let the Sun Shine on the Online Marketplace

Are you facing the frustration (and cost) of playing whack-a-mole with counterfeit and infringing products on Amazon and other online marketplaces? If so, the newly enacted INFORM Consumers Act could be a major new tool in...more

Ballard Spahr LLP

FTC Sues Amazon Alleging Deceptive Marketing Tactics for Prime Subscriptions

Ballard Spahr LLP on

The Federal Trade Commission (FTC) last week filed a civil case against Amazon alleging that the company used “manipulative, coercive, or deceptive user-interface designs known as ‘dark patterns’ to trick consumers into...more

Hinch Newman LLP

FTC Defense Attorney on Ecommerce Investment Management Provider Legal Regulatory Considerations

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It is no secret amongst digital advertisers and FTC practice defense counsel that the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market,...more

Stikeman Elliott LLP

Don’t Miss Out! Competition Bureau Releases New Deceptive Marketing Guidance

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The Competition Bureau published its sixth volume of the Deceptive Marketing Practices Digest on April 17. The latest edition looks at the use of fake scarcity cues in online marketplaces and provides an update on drip...more

Venable LLP

Payment Processors: Are You Prepared to Uncover "Dark Patterns"?

Venable LLP on

Risk management personnel who underwrite e-commerce merchants should have some basic understanding of the types of online merchant marketing and sales practices that are deceptive and misleading....more

Sheppard Mullin Richter & Hampton LLP

FTC Reports Rise in “Dark Pattern” Tactics in Consumer Markets

On September 15, the FTC released a report, Bringing Dark Patterns to Light, that shows an increase in the use of sophisticated “dark pattern” design practices by retailers intended to manipulate consumers into making...more

Venable LLP

Gig Platforms, Wake Up. All Eyes Are Upon You.

Venable LLP on

Constant connectivity through smartphones has ushered in a new way for small businesses to connect with potential customers and gig workers looking for flexible employment. The emergence of companies like Uber, GrubHub,...more

Kohrman Jackson & Krantz LLP

Plagued by False Reviews and Counterfeit Listings: Amazon Fights Back

From its inception, Amazon has been at war with unscrupulous actors, both foreign and domestic, who seek to gain a competitive advantage through any means necessary. What began as malware, viruses, and spam, has evolved into...more

Alston & Bird

Online Retailer Settles with FTC over Allegations of Hiding Negative Reviews

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On March 21, 2022, the Federal Trade Commission (FTC) announced a final administrative complaint and decision and order that finalizes a settlement with a California online fashion retailer to settle allegations that the...more

Kohrman Jackson & Krantz LLP

Amazon Files Lawsuit To Stop Fake-review Brokers

In a move that could prove beneficial for both brands and consumers alike, Amazon recently filed a lawsuit against two fake-review brokers, AppSally and Rebatest. These companies connect consumers with third-party sellers to...more

Hogan Lovells

Fashion Nova slapped with $4.2M fine for filtering out negative reviews online

Hogan Lovells on

Suppressing negative customer reviews may lead to costly consequences. Online fashion retailer Fashion Nova recently settled the Federal Trade Commission’s (“FTC”) allegations that the company blocked negative online reviews...more

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