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Misrepresentation Federal Trade Commission (FTC) Marketing

WilmerHale

FTC’s Enforcement Action Against Avast Signals Increased Focus on Consumer Web Data

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The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more

Wiley Rein LLP

Wiley Consumer Protection Download (April 30, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Ward and Smith, P.A.

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

Ward and Smith, P.A. on

As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more

Wiley Rein LLP

Wiley Consumer Protection Download (December 18, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Robinson+Cole Data Privacy + Security Insider

FTC and CA AG Settle with DNA Testing Firm for Allegations of Misrepresentation

The Federal Trade Commission and the California Attorney General teamed up against California company CRI Genetics, LLC filing a joint complaint against the company alleging that it engaged in deceptive practices when it...more

BakerHostetler

District Court Decision Digs Deep into the FTC and Agency Law

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If we look at recent Supreme Court decisions, the Federal Trade Commission (FTC) has a pretty dismal record, with well-publicized losses in AMG and Axon. At the district court level, however, things are quite different; we...more

Hinch Newman LLP

Direct Seller Defeats FTC Pyramid Scheme Allegations

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In November 2019, the Federal Trade Commission filed a lawsuit against direct selling wellness company Neora, LLC (f/k/a Nerium International, LLC) and its Chief Executive Officer alleging that the company operates as an...more

Hendershot Cowart P.C.

FTC Updates Guidelines for Social Media Endorsements

Effective July 26, 2023, the Federal Trade Commission (FTC) adopted revisions to its Guides Concerning Use of Endorsements and Testimonials in Advertising (the "Guides") to reflect the changing media landscape. The guides,...more

Cozen O'Connor

Alleged Review Ruse By Roomster Gets Busted by FTC and AGs

Cozen O'Connor on

The FTC and a bipartisan group of six AGs have secured a proposed order banning the rental listing platform Roomster and its owners (collectively “Roomster”), from buying or incentivizing reviews....more

Moritt Hock & Hamroff LLP

Publishers Clearing House: A Cautionary Tale on the Risks of ‘Dark Patterns’ Marketing

Publishers Clearing House (PCH) is well known for surprising major sweepstakes winners with a Prize Patrol knock on their doors. But the recent lawsuit filed by the Federal Trade Commission (FTC) against the company was...more

Ervin Cohen & Jessup LLP

FTC Proposes Ban on Fake Reviews and Testimonials

On June 30, 2023, the Federal Trade Commission (“FTC”) announced that it would be publishing a notice of proposed rulemaking on the use of consumer reviews and testimonials. The proposed rule follows FTC’s November 2022...more

Holland & Knight LLP

FTC Takes Action Against Principals and Celebrity Endorsers of Real Estate Training Program

Holland & Knight LLP on

The Federal Trade Commission (FTC or Commission) and the Utah Division of Consumer Protection (DCP or Division; collectively with the FTC, Plaintiffs) brought law enforcement actions against defendants Nudge LLC, Dean...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

DarrowEverett LLP on

The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Perkins Coie

New Year’s Resolutions for Successful Brand Partnerships in 2023

Perkins Coie on

As a society, we tend to admire celebrities, which can greatly influence our desire to purchase the products they promote. A single celebrity endorsement can increase sales by 4% (if not more). Many popular consumer products...more

Venable LLP

Rental Review Roundup: FTC Targets Deceptive “Testi-phony-al” Scheme to Lure Renters to Paid Housing Platform

Venable LLP on

​​​​​​​Last week the Federal Trade Commission and six states sued rental listing platform Roomster, Corp. along with its owners for allegedly charging consumers for access to phony listings bolstered by fake reviews it had...more

Proskauer - Advertising Law

A Slammed (Open)Door: FTC Reaches $62 Million Proposed Settlement with Real Estate Company

Last month, the FTC announced that it reached a $62 million proposed settlement with Opendoor Labs, related to the Commission’s investigation of the company’s representations in advertising to prospective home sellers....more

Cozen O'Connor

FTC Settles with Opendoor Over Allegedly Misrepresenting Potential Home Sale Profits

Cozen O'Connor on

The FTC reached a settlement with online home-buying platform Opendoor Labs Inc. to resolve allegations of deceptive sales and marketing practices in violation of the FTC Act. Opendoor operates an online portal through which...more

Cozen O'Connor

FTC Sues Shoe Company Over Unsubstantiated Pain Relief Claims

Cozen O'Connor on

The Federal Trade Commission sued Gravity Defyer Medical Technology Corporation and its owner, Alexander Elnekaveh, (collectively, “Gravity Defyer”) over allegations that Gravity Defyer made extensive false claims of unproven...more

BakerHostetler

The Future’s So Bright, I Gotta Wear BluBlockers - A Walk Through Advertising History

BakerHostetler on

The other day, we noticed an article announcing that legendary direct marketer Joe Sugarman had passed away. He had quite a career in the industry but was probably best known for the omnipresent BluBlocker sunglasses that...more

BakerHostetler

FTC Reviews Fashion Nova - Review Suppression Leads to Double Trouble

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In April 2020, when we were all focused on finding masks and hand sanitizer, the Federal Trade Commission (FTC) announced a $9.3 million settlement with Fashion Nova. The agency alleged that the company violated the Mail...more

Manatt, Phelps & Phillips, LLP

FTC Puts Advertisers and Agencies on Notice for Fake Online Reviews and Other Deceptive Endorsements

The Notice was sent within a week of another notice to 70 for-profit higher education institutions, which focused on “false promises they make about graduates’ job and earnings prospects and other outcomes.”...more

Jenner & Block

FTC Warns Companies It Will Impose Civil Penalties for Misleading Online Reviews

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Shoppers in online marketplaces, or customers checking reviews before dining or retaining a service, have become increasingly reliant on internet testimonials. Mark P. of Hoboken, NJ rates Hank’s Burger Depot 5 out of 5...more

Cozen O'Connor

FTC Continues Crackdown On Fake Claims About CBD

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The Federal Trade Commission (“FTC”) reached a settlement with cannabidiol (“CBD”) products retailer Kushly Industries LLC and its sole officer (collectively, “Kushly”) to resolve allegations that Kushly made unsubstantiated...more

BakerHostetler

AD-ttorneys@law – January 2021 #2

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Mars Mired in Milk Chocolate Melee - Yet another suit is hawkish over Dove Bar packaging claims - Strike Two? Here’s a follow-up to the recent battle between Mars Wrigley Confectionery and Mohammed Garadi. If you recall — and...more

Manatt, Phelps & Phillips, LLP

Pay-for-Play Website Pays FTC Over Fake Reviews, Deceptive Rankings

Deceptive rankings and fake reviews triggered a Federal Trade Commission (FTC) action for a comparison shopping website—and a warning to other companies. Delaware-based LendEDU operates a website that compares consumer...more

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