News & Analysis as of

Section 5

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

Federal Reserve Announces Consent Order Related to Bank’s Use of Discount Points

by Ballard Spahr LLP on

On November 28, 2017, the Federal Reserve Board announced a Consent Order with Peoples Bank (Peoples) in Lawrence, Kansas. The Order charges Peoples with violating Section 5 of the Federal Trade Commission Act (FTCA) by...more

Deceptive Marketing Practices Cost Bank $5M

A state-chartered bank based in Missouri must pay $5 million pursuant to a Consent Order with the Board of Governors of the Federal Reserve System resulting from charges of deceptive marketing practices....more

Sears Petitions to Change Its 8-Year-Old FTC Privacy Settlement Order

by Reed Smith on

On October 30, 2017, Sears Holding Management Corporation (“Sears”) petitioned the Federal Trade Commission (“FTC”) to reopen and modify the settlement to which they agreed in 2009. At that time, Sears agreed to a consent...more

Federal Reserve Enters Consent Order With Kansas Bank Over Deceptive Mortgage Origination Practices

by Goodwin on

?On November 28, the Federal Reserve announced that it had entered into a consent order with a Kansas state bank, resolving allegations that the bank engaged in deceptive residential mortgage lending practices in violation of...more

Legal Considerations in Pre-IPO Crossover Financings

by WilmerHale on

An increasingly common financing strategy for companies expecting to conduct an initial public offering (IPO), particularly in the life sciences space, is to conduct a ‘‘crossover’’ financing shortly prior to the IPO....more

Unfair And Deceptive Trade Practices Claims In Data-Breach Lawsuits

by Ellis & Winters LLP on

Section 5 of the Federal Trade Commission Act provides a powerful tool for the federal government to regulate companies’ data-security practices. Rather than adopt specific data-security standards, the FTC often uses Section...more

Northern District of California Drops FTC Unfairness Claim Against D-Link Systems

The U.S. District Court for the Northern District of California recently issued a mixed ruling on D-Link Systems’ motion to dismiss in FTC v. D-Link Sys., Inc. D-Link sells routers and Internet protocol (IP) cameras that it...more

Fed issues consent order for bank’s alleged deceptive practices involving balance transfer credit cards

by Ballard Spahr LLP on

The Federal Reserve Board announced that it had issued a Consent Order against Mid America Bank and Trust Company (Bank) for alleged deceptive marketing practices in violation of section 5 of the FTC Act related to balance...more

State AGs and FTC Combine Forces for Consumer Protection

by Foley & Lardner LLP on

A dozen bipartisan State Attorneys General and the Federal Trade Commission (FTC) recently instigated a medieval siege dubbed “Operation Game of Loans” against alleged student loan relief scams. This coordinated nationwide...more

FTC settles Section 5 claims against company promoting schools to military servicemembers

by Ballard Spahr LLP on

The FTC has entered a proposed consent order with Victory Media, Inc. (VMI) to settle the FTC’s charges that VMI violated Section 5 of the FTC Act by engaging in deceptive acts or practices in connection with its promotion of...more

The Government Can Sue For A Privacy Or Data-Security Violation. What Are The Limits Of That Government Power?

by Ellis & Winters LLP on

Consumers and businesses aren’t the only sources of potential privacy and data-security litigation. Today’s post looks at another important source: the Federal Trade Commission and state consumer-protection regulators....more

Bank Pays $1.5M for Ancillary Products Issues

The Office of the Comptroller of the Currency (OCC) has levied a $1.5 million civil money penalty against a Missouri-based bank for alleged violations of Section 5 of the Federal Trade Commission Act....more

Court Deals Blow to FTC’s Position on Unfair Data Security Practices

by Reed Smith on

Over the last several years, the Federal Trade Commission (FTC) has regularly used its authority under Section 5 of the FTC Act to bring cases against companies due to their allegedly unreasonable data security measures. The...more

Court Trims FTC Complaint Asserting Deception and Unfairness Claims

by Hogan Lovells on

Recently, the U.S. District Court for the Northern District of California dismissed three of six claims the Federal Trade Commission (FTC) asserted against D-Link Systems (D-Link) related to its sale of routers and IP cameras...more

Court Rules on D-Link Motion to Dismiss in FTC Matter

by Latham & Watkins LLP on

On September 19, 2017, Judge Donato of the Northern District of California ruled on Defendant D-Link System Inc.’s (D-Link) Motion to Dismiss, which challenged claims by the Federal Trade Commission (FTC) that D-Link’s...more

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Cybersecurity

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