News & Analysis as of

Section 5

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

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

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

FTC Settles With Payment and Social Networking Service

The Federal Trade Commission (FTC) entered into a Consent Order with an online payment system company, settling charges that its payment and social networking service violated the Gramm-Leach-Bliley Act (GLBA) and related...more

March Antitrust Bulletin

by McGuireWoods LLP on

Two More FTC Nominees Pass Senate Committee, Await Full Senate Vote - On Jan. 25, Donald Trump nominated Christine S. Wilson and Noah Joshua Phillips to the U.S. Federal Trade Commission (FTC). Christine Wilson...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

Importance Of Claim Substantiation

by Fox Rothschild LLP on

Failing to have adequate substantiation for advertising claims can land companies in hot water. Case in point: The Federal Trade Commission (“FTC”) recently announced that it had settled charges against a company and its CEO...more

Venmo Agrees To Stop Misleading Consumers

by Fox Rothschild LLP on

Earlier this week, the Federal Trade Commission (“FTC”) announced a settlement with PayPal, Inc. over allegations that Venmo, a PayPal-owned mobile payment and social networking application, misled customers on issues...more

Further SEC action and guidance with respect to ICOs and cryptocurrencies

The SEC took two additional steps today in its regulation and oversight of the initial coin offering (“ICO”) and cryptocurrency markets. In the SEC’s latest action targeting an ICO, the SEC Enforcement Division’s new Cyber...more

FTC files lawsuit against student loan debt relief companies

by Ballard Spahr LLP on

The FTC has filed a lawsuit in a California federal district court against three interrelated student loan debt relief companies and the individual who is their majority owner for alleged violations of Section 5 of the FTC...more

The FTC and Deceptive Advertising: Is there a Biennial Trend?

by Patrick Law Group, LLC on

At the end of December 2015, the Federal Trade Commission (the “FTC”) issued a policy statement to provide guidance and examples of how to avoid deceptive advertising in native ad placements (the “2015 Policy Statement”). ...more

Massachusetts Highest Court Clarifies When Claims for Permanent Property Damage Under Chapter 21E Accrue

by Holland & Knight LLP on

On Jan. 19, 2018, the Massachusetts Supreme Judicial Court (SJC) issued a decision in Grand Manor Condominium Association v. City of Lowell, 2018 WL 473078, which clarified, and some would say "changed," when a claim for...more

The SEC’s Final Rule Regarding Price Quotes and Research Reports Relating to Security-Based Swaps

by Morrison & Foerster LLP on

This month the Securities and Exchange Commission (“SEC”) issued a final rule (the “Final Rule”) that provides that certain communications relating to security-based swaps (either singular or plural, “SBS”) will not...more

Warning Light: The FTC is Monitoring the Connected Car Marketplace

by Reed Smith on

In a recently published “Staff Perspective,” the Federal Trade Commission (FTC) appears to be staying true to the regulatory humility approach Acting Chairman Maureen K. Ohlhausen underscored in her opening remarks to the...more

FTC Wins Default Judgment Against Prize Scam Defendants

The Federal Trade Commission (FTC) put an end to a phony prize scam with a default judgment entered by a California federal court judge in a case that was part of an international law enforcement initiative against mass-mail...more

Bitcoin, Blockchain and Consumer Protection Laws

by Holland & Knight LLP on

• Unsophisticated consumers eager to make a profit remain susceptible to representations by companies that are false and misleading, and constitute deceptive acts or practices in violation of the Federal Trade Commission...more

Beware of the Man-in-the-Middle: Lessons from the FTC’s Lenovo Settlement

by Patrick Law Group, LLC on

The Federal Trade Commission’s recent approval of a final settlement with Lenovo (United States) Inc., one of the world’s largest computer manufacturers, offers a reminder that when it comes to consumers’ sensitive personal...more

Net Neutrality: From Rules to Enforcement

To say that strong passions have surrounded the recent Federal Communications Commission vote to reverse 2015’s net neutrality rules is putting it mildly. There are stories that FCC Chairman Ajit Pai has endured racist...more

Federal Trade Commission Holds Workshop on “Informational Injury”

by Ropes & Gray LLP on

For years, the Federal Trade Commission, the primary consumer protection agency in the United States, has been bringing enforcement actions against companies on the basis that their alleged failure to use specified privacy...more

LabMD Appeal Has Privacy World Waiting

It is the case that could define the scope of the U.S. Federal Trade Commission’s authority in data security. The U.S. Court of Appeals for the Eleventh Circuit heard argument six months ago in LabMD, Inc. v. Federal Trade...more

ALJ Affirms Antitrust Violations for Ad Tech Agreements in FTC v. 1-800 Contacts

by Reed Smith on

With the holiday marketing season upon us, marketers launch the month-long, relentless scramble for consumer visibility and coveted advertising space on high-traffic inventory. One matter likely not on marketers’ radars?...more

On the Eve of the FCC’s Reclassification of Broadband Services, the FCC and FTC Release Memorandum of Understanding for Oversight...

by Kelley Drye & Warren LLP on

On December 11, 2017, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) released a draft Memorandum of Understanding (MOU) which will allocate oversight and enforcement authority related to...more

FTC and FCC Outline Memorandum of Understanding to Coordinate Online Consumer Protection Following Adoption of the FCC’s Restoring...

by Balch & Bingham LLP on

Yesterday, the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) announced their intent to coordinate which of the two agencies would coordinate online consumer protection efforts following the...more

Federal Reserve Settles with Pennsylvania Bank Over Alleged Deceptive Student Lending Practices

by Goodwin on

On December 6, 2016, the Federal Reserve Board announced that it entered into a consent order with a Pennsylvania bank ordering it to cease and desist deceptive student lending practices, and assessing millions of dollars in...more

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Cybersecurity

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