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Injunctive Relief Unfair or Deceptive Trade Practices

Lathrop GPM

Ohio Federal Court Grants Keg Distributor’s Motion for Temporary Restraining Order Prohibiting Fellow Distributor from Spouting...

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A federal court in Ohio recently granted Cavalier Distributing’s motion to temporarily restrain a fellow distributor, MicroStar Logistics, from contacting other keg suppliers to accuse Cavalier of failing to pay a debt or...more

Ballard Spahr LLP

FTC takes action against small business lender Seek Capital

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The FTC filed a complaint in the U.S. District Court for the Central District of California against Seek Capital and its CEO, Roy Ferman, alleging that the company operated a bogus business finance scheme that cost small...more

Cozen O'Connor

FTC Accuses Cash-Advance App of Misleading Consumers

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The FTC has filed a lawsuit against online cash advance app Dave, Inc. alleging that it misled consumers about cash advances and fees in violation of the FTC Act and the Restore Online Shoppers’ Confidence Act....more

Troutman Pepper Locke

Minnesota Attorney General Shuts Down Debt Settlement Companies

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On October 21, Minnesota Attorney General Keith Ellison announced a settlement with two debt settlement companies, Financial Solutions Group and Accelerated Debt Settlement....more

Foley & Lardner LLP

Franchisor Enforces Its Trademark Rights Against Former Prospective Franchisee

Foley & Lardner LLP on

A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier...more

Cozen O'Connor

Illinois AG Sues Southeast Energy Consultants Alleging Deceptive Marketing of ARES Contracts

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Illinois AG Kwame Raoul sued marketing company Southeast Energy Consultants LLC, which acquires customers on behalf of alternative retail electric suppliers (ARES), for allegedly deceiving consumers into switching from their...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Sheppard Mullin Richter & Hampton LLP

Minnesota AG Bans Tribal Lender from Doing Business within the State

On February 21, the Minnesota Attorney General settled an action against executives of a Montana-based tribal lender for alleged predatory lending practices. In its complaint, filed in October 2023, the AG alleged the company...more

Ervin Cohen & Jessup LLP

Los Angeles County Sues Grubhub for Unfair Business Practices and False Advertising

On February 21, 2024, Los Angeles County filed a complaint for injunctive relief and damages against Grubhub alleging that the company engaged in false and deceptive advertising and unfair business practices that harm...more

Troutman Pepper Locke

Michigan AG Dana Nessel Sues to Dissolve Detroit Landscaping and Snow Removal Companies

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Michigan Attorney General (AG) Dana Nessel filed a lawsuit seeking injunctive relief and dissolution of several limited liability companies owned by John and Michele Church. The Churches’ companies have allegedly violated the...more

Troutman Pepper Locke

Vermont AG Reaches Settlement Over Motel Program Security Deposit Withholdings

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Vermont Attorney General (AG) Charity Clark recently announced the resolution of an investigation into the withholding of security deposits across five motels that were participating in the state’s Transitional Housing...more

Cozen O'Connor

TikTok’s Suitability for Children Questioned in New Lawsuit by Iowa AG

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Iowa AG Brenna Bird filed a lawsuit against TikTok Inc. and affiliated entities alleging that the social media company violated state consumer protection laws by making deceptive representations to parents regarding the...more

Troutman Pepper Locke

Rhode Island AG Seeks to Amend Complaint Filed Against Solar Company in Deceptive Trade Practice Act Case

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Rhode Island Attorney General (AG) Peter F. Neronha and his office filed a motion on November 30, to amend and supplement their complaint against Smart Green Solar, LLC (Smart Green) and its CEO, Jasjit Gotra, for allegedly...more

Cozen O'Connor

AGs in Solar-darity in Fight Against Allegedly Deceptive Solar Panel Sales Practices

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Florida AG Ashley Moody brought lawsuits against two solar energy companies, SetUp My Solar, Inc. and Vision Solar FL, LLC, and related individuals for allegedly violating the state’s consumer protection law and home...more

ArentFox Schiff

Penalty Offense Authority and the Future of FTC Privacy Law

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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

Sheppard Mullin Richter & Hampton LLP

Court Orders Injunctive Relief Against Tech Company for Deceptive Advertising, Unfair Fee Practices

On August 9, the US District Court of Georgia ruled that the FTC had provided “broad and detailed evidence” for its allegations that a tech company and its CEO engaged in deceptive advertising and unfair fee practices in...more

Fox Rothschild LLP

The U.S. International Trade Commission: An Overview

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The U.S. International Trade Commission is a federal agency with the authority to adjudicate cases involving companies that domestically exploit U.S. intellectual property rights and those who import allegedly infringing...more

Cozen O'Connor

Energy Services Provider Accused of Using Deceptive Practices to Lure Consumers into Switching Utility Companies and Overcharging...

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New York AG Letitia James sued energy services providers Major Energy Services LLC and Major Energy Electric Services, LLC (collectively, “Major Energy”) over allegations that Major Energy used misleading marketing tactics to...more

Proskauer - Minding Your Business

Without Equitable Monetary Relief, No Need for Asset Freeze or Receivership to Preserve Resources, and More Takeaways from the...

The Eleventh Circuit’s opinion last month in FTC v. On Point Capital Partners LLC, et al.,clarifies the ramifications of the Supreme Court’s ruling in AMG Capital Management regarding the prohibition of equitable monetary...more

Kelley Drye & Warren LLP

Post-AMG Scorecard: The FTC Pivots to Other Statutory Bases for Monetary Relief

The Supreme Court in AMG foreclosed the FTC’s ability to pursue monetary remedies under Section 13(b) of the FTC Act. That, however, AMG has not stopped the FTC from pursuing monetary relief directly in court, while...more

Proskauer - Advertising Law

Court Considers FTC’s Ability to Seek Monetary Relief Post-AMG

Earlier this year, we blogged about the Supreme Court’s decision in AMG v. FTC, which significantly curtailed the FTC’s ability to seek monetary restitution under Section 13(b) of the FTC Act.  One quick update there: The...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2021

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. SCOTUS Finds FTC Cannot Award Restitution or...more

Akin Gump Strauss Hauer & Feld LLP

Revealing Potential New Strategy, FTC Teams Up with States After Supreme Court Rules Agency Not Authorized to Seek Monetary...

Last month the Supreme Court dismantled a longstanding FTC enforcement tool in a unanimous decision holding that the FTC Act does not permit the agency to use its authority to seek injunctive relief under Section 13(b) as a...more

Cozen O'Connor

Opioid Fallout: Ad Agency Sued For Allegedly Helping Purdue Deceptively Market OxyContin

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Massachusetts AG Maura Healey sued healthcare marketing company Publicis Health, LLC (“Publicis”) under a theory of public nuisance and for violations of Massachusetts’s consumer protection law over Publicis’s alleged role in...more

Epstein Becker & Green

FTC Loses Disgorgement Remedy Under 13(b) of the FTC Act

On April 22, 2021, the Supreme Court of the United States issued an opinion finding that the Federal Trade Commission (“FTC”) does not have the authority to order disgorgement (i.e., monetary relief) under Section 13(b) of...more

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