News & Analysis as of

FTC Act

FTC Obtains Preliminary Injunction Against Mortgage Relief Operation

by Goodwin on

On May 8, the Federal Trade Commission (“FTC”) announced that the U.S. District Court for the Central District of California granted its request to preliminarily enjoin affiliated California-based debt relief companies from...more

The FTC Shines the Light on Hidden Fees and Hidden Disclosures: A Cautionary Tale for Advertisers

Surely we have all seen those television and online ads promising “no hidden fees” on services. It seems to have become the norm, as banks, mortgage lenders, and other businesses compete to lure consumers, using the promise...more

House Passes Bill Proposed to Align FTC and DOJ Merger Review

by Holland & Knight LLP on

The House of Representatives yesterday passed a bill – the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act of 2018, H.R. 5645 – designed to align procedures and standards under which the Federal...more

FTC v. Shire ViroPharma – Notice of Appeal

by Locke Lord LLP on

The Federal Trade Commission (“FTC”) has appealed to the U.S. Court of Appeals for the Third Circuit the dismissal by Delaware U.S. District Judge Richard Andrews of FTC’s complaint against Shire ViroPharma Inc....more

Marketing To Children

by Fox Rothschild LLP on

When marketing products or services to children, companies should be aware of applicable statutes and guidance and should be particularly cautious with their advertising claims....more

CFPB and OCC Settle with National Bank for $1 Billion Over Auto and Mortgage Lending Practices

by Goodwin on

On April 20, 2018, the Consumer Financial Protection Bureau (CFPB)? and Office of the Comptroller of the Currency (OCC) each announced settlements totaling $1 billion with a national bank resulting from a coordinated action...more

Use It or Lose It?: FTC Warns Companies Against Conditioning Warranty Coverage on Use of Specified Parts or Services

by Locke Lord LLP on

On April 10, 2018, the FTC announced that its staff sent warning letters to six major companies that market and sell automobiles, cellular devices, and video gaming systems in the United States. The FTC expressed concerns...more

FTC Sends Warning Letters to Companies Over Warranty Claims

by Reed Smith on

Earlier this week, the Federal Trade Commission (“FTC”) sent warning letters to six (6) major companies that market and sell automobiles, cellular devices, and video gaming systems. The FTC indicated that it has concerns...more

U.S. Senate Duo and California Ballot Initiative Propose to Radically Alter U.S. Consumer Internet Privacy and Upend Digital...

by BakerHostetler on

Amid growing concerns over the improper use of user information and data breaches, and in the same week as the Senate examines the Cambridge Analytica controversy, a duo of U.S. senators who have long advocated for federal...more

Court Dismisses FTC Antitrust Lawsuit Alleging That Shire ViroPharma Inc. Abused Government Processes to Delay Generic Competitors

by Arnall Golden Gregory LLP on

In recent years, the Federal Trade Commission (FTC) has brought a series of cases involving drug manufacturers allegedly seeking to delay competition from generic drug companies. See, e.g., F.T.C. v. Actavis, Inc., 570 U.S....more

Green Guide Annual Review: Environmental False Advertising in 2017/2018

Earth Day is coming up on April 22, and you may be looking to capture some environmentally-minded consumers with nifty green-themed advertising campaigns. But before you do, remember that the Federal Trade Commission (“FTC”)...more

FDIC Enters into Settlement Agreement with State Bank

by Weiner Brodsky Kider PC on

Recently, the FDIC announced a settlement agreement with a depository institution loan originator (Bank) for alleged unfair and deceptive practices in violation of the Federal Trade Commission Act (FTCA) related to the...more

FDIC Enters Into $20 Million Consent Order With Debt Settlement Entities

by Goodwin on

On March 28, 2018, the Federal Deposit Insurance Corporation (“FDIC”) annou?nced settlements with a bank and an affiliated lender (“Defendants”) relating to allegations of deceptive lending practices. According to the FDIC,...more

FTC Cracks Down on Alleged Cryptocurrency Ponzi Schemes

by Weiner Brodsky Kider PC on

The FTC announced that it obtained a federal court order to shut down the activities of four individuals for allegedly operating cryptocurrency Ponzi schemes involving Bitcoin, Litecoin, and Jetcoin....more

Film Companies Settle FTC Charges for Making Over 117 Million Illegal Telemarketing Calls

by Weiner Brodsky Kider PC on

The FTC and three Utah-based film companies and their owner recently stipulated to the entry of a final order settling the FTC’s charges against them for making more than 117 million telemarketing calls in violation of the...more

New FTC Act Enforcement by FDIC and FTC

Although the CFPB may be retreating from exercising its authority to enforce UDAAP violations under the Dodd-Frank Act, Section 5 of the FTC Act continues to be a potent weapon used by regulators, including the FDIC....more

"Two Cops On the Beat Is Nothing Unusual": Ninth Circuit Reverses Panel Decision, Rules FTC Act's "Common Carrier" Exemption is...

On February 26, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in FTC v. AT&T holding that the Federal Trade Commission (FTC) Act’s “common carrier” exemption is activity-based, reversing the...more

FTC Announces Settlement with PayPal for Alleged FTC Act and GLBA Violations by Venmo

On February 27, 2018, the Federal Trade Commission (FTC) announced that it had reached an agreement with PayPal to settle allegations that its peer-to-peer payment service, Venmo, engaged in deceptive acts and practices and...more

When Conversation Becomes an Antitrust Violation

by Epstein Becker & Green on

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), provides the Federal Trade Commission (“FTC”) with broad authority to address “unfair methods of competition.” Although Congress chose not to define the...more

FDIC Fines Bank $2 Million and Requires Restitution for Violations of the Federal Trade Commission Act

by Weiner Brodsky Kider PC on

The FDIC has issued a Consent Order against a Bank for the Bank’s alleged violation of the Federal Trade Commission Act. In the Consent Order, the FDIC claims that the Bank assessed transaction fees that were greater than...more

Online Talent Agency Stars in FTC’s 30th COPPA Case

On February 5, 2018, the Federal Trade Commission (FTC) announced its most recent Children’s Online Privacy Protection Act (COPPA) case against Explore Talent, an online talent agency marketed to aspiring actors and models....more

FTC Issues Proposed Consent Order to Online Payment Processing Company Over Allegations of Privacy and Security Violations

by Weiner Brodsky Kider PC on

The FTC recently reached a settlement with a worldwide online payment processing company regarding the actions of its subsidiary, a peer-to-peer payment and social networking application and website, over alleged violations...more

FDIC Reaches $2 Million Settlement with Bank for Charging Allegedly Excessive, Undisclosed Fees

by Goodwin on

?On March 7, the Federal Deposit Insurance Corporation (FDIC) announced that it reached a settlement with a Delaware bank, resolving allegations that the bank engaged in unfair and deceptive practices in violation of Section...more

Ninth Circuit Selected to Hear Consolidated Net Neutrality Appeals

by Kelley Drye & Warren LLP on

On March 8, 2018, the United States Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the Ninth Circuit to hear the petitions for review of the Federal Communications Commission’s...more

Ninth Circuit Calls Common Carrier Exception “Activity-based”

by Reed Smith on

On February 26, 2018, an en banc federal appeals court held that the common carrier exception in the Federal Trade Commission (FTC) Act that preempts FTC jurisdiction is “activity-based” rather than “status-based” and...more

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Cybersecurity

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