News & Analysis as of

Section 5 Enforcement Actions

Troutman Pepper Locke

How Cos. Can Use Data Clean Rooms to Address Privacy

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Businesses are constantly seeking innovative ways to improve their customers’ experiences. Originally published in Law360 - February 10, 2025....more

Bradley Arant Boult Cummings LLP

PART 1: “Staying in Our Lane”: Andrew Ferguson’s FTC Philosophy on Privacy Enforcement

Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy...more

Hudson Cook, LLP

FTC Takes Action against AI Company over Deceptive Accuracy Claims about AI Content Detection

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On April 24, 2025, the Federal Trade Commission (FTC) finalized a Decision and Order against an Artificial Intelligence (AI) Company (the "Company"), alleging that it made false and unsubstantiated claims about its AI Content...more

Venable LLP

Some Hints About and Clues to the FTC’s Consumer Protection Priorities

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We’ve written previously about the Trump administration’s effort to increase his influence over independent agencies such as the FTC and to review regulations promulgated by these agencies. The White House is also reportedly...more

Kelley Drye & Warren LLP

FTC Takes Step to End ​“Tyranny of Big Tech” with RFI

As its first policy initiative under Chair Andrew Ferguson, the FTC announced a Request for Information (RFI) ​“to better understand how technology platforms deny or degrade users’ access to services based on the content of...more

BakerHostetler

FTC Signals Heightened Scrutiny on the Security of APIs

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On Jan. 15, the Federal Trade Commission (FTC) announced a proposed settlement with web hosting giant GoDaddy over alleged violations of Section 5 of the FTC Act. Specifically, the FTC alleged that GoDaddy had violated the...more

Hudson Cook, LLP

Outside the Rule, Inside the Court: FTC Throws a Curve for Rental Housing Rent and Fee Disclosures in Ads and Leasing

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The Federal Trade Commission (FTC) and the Colorado Attorney General filed suit January 16 against a major property management company, alleging deceptive practices under Section 5 of the FTC Act, the Gramm-Leach-Bliley Act...more

Hogan Lovells

Antitrust Year in Review and a Look Ahead to 2025

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There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and...more

Venable LLP

FTC and New York Attorney General Settle with Handy for Deceptive Practices

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This week, the Federal Trade Commission (FTC) and the New York attorney general announced a settlement with Handy Technologies, Inc. to resolve allegations that the company engaged in an array of unfair and deceptive...more

Troutman Pepper Locke

FTC and Illinois AG Settle Matter Against Grubhub for $140M

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On December 17, 2024, the Federal Trade Commission (FTC) and Illinois Attorney General (AG) Kwame Raoul settled their lawsuit against Grubhub for $140 million (Grubhub will only have to pay $25 million, with the balance...more

BakerHostetler

Robinson-Patman Revival or Lame Duck Hail Mary? FTC Brings First Price Discrimination Case in Decades

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On December 12, 2024, the Federal Trade Commission (FTC) filed its first Robinson-Patman Act case in more than 20 years, just as the White House is set to change parties and the balance of power on the FTC will swing...more

Seyfarth Shaw LLP

FTC Posts $20 Million Settlement With Dealer Group For Alleged Deceptive Practices - Seyfarth's Future of Automotive Series

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On Thursday, December 19, 2024, the Federal Trade Commission (FTC) and Illinois Attorney General announced a massive $20 million settlement with Leader Automotive Group, the operator of 10 dealerships in and around...more

Troutman Pepper Locke

FTC and Illinois AG Secure $20M Settlement with Leader Automotive Group Over Allegedly Deceptive Practices

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In a significant enforcement action, the Federal Trade Commission (FTC) and the Illinois Attorney General have reached a $20 million settlement with Leader Automotive Group and its Canadian parent company, AutoCanada, over...more

Hudson Cook, LLP

To Be or Not To Be: Challenge to the FTC's CARS Rule Is Ripe for the Fifth Circuit to Decide

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On October 9, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral arguments on the challenge by the National Automobile Dealers Association and the Texas Automobile Dealers Association ("Petitioners") to the...more

Hudson Cook, LLP

Federal Trade Commission Sues Business Financing Company for Allegedly Misleading Consumers

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On November 4, 2024, the Federal Trade Commission sued Seek Capital, LLC, and Roy Ferman, Seek's founder and CEO, for allegedly violating several federal laws, including Section 5 of the Federal Trade Commission Act ("FTC...more

Hudson Cook, LLP

Federal Consumer Protection Laws In Rental Property Management

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The Federal Trade Commission (FTC) announced a groundbreaking settlement with Invitation Homes, a large single-family rental home owner/operator, on September 24. ...more

Goodwin

FTC Escalates Battle Against PBMs With Complaint on Insulin Pricing

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FTC’s challenge is the culmination of years of investigation, but choice of venue and theories of harm reveal potential weaknesses....more

Venable LLP

FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

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During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more

Venable LLP

FTC Steps on Career Step and Alleged Inflated Promises of Employment Opportunities

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In July, the Federal Trade Commission (FTC) brought a complaint against Career Step LLC for targeting servicemembers with misrepresentations concerning Career Step’s ability to match its customers with jobs in the healthcare...more

A&O Shearman

District Courts Split On Federal Trade Commission’s Non-Compete Clause Rule

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On July 23, 2024, Judge Kelley Brisbon Hodge of the United States District Court for the Eastern District of Pennsylvania denied plaintiff’s motion for a preliminary injunction seeking to enjoin the Federal Trade Commission...more

Venable LLP

What’s the FTC “Up To?” Arise Virtual Solutions and the Gig Economy

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Last month, in a joint effort with the Department of Labor (DOL), the Federal Trade Commission (FTC) settled an action against Arise Virtual Solutions, Inc. related to charges that the company regularly used misleading...more

BakerHostetler

FTC Concerns over Marketing to Kids - It’s Not Just About COPPA Anymore

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The Federal Trade Commission (FTC or Commission) has signaled for some time that while the Children’s Online Privacy Protection Act (COPPA) is limited to children under the age of 13, it also has concerns about the...more

Venable LLP

CFPB to Launch Registry of Nonbank Enforcement Actions

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In a move that's sure to make nonbank financial institutions even more uncomfortable, the Consumer Financial Protection Bureau (CFPB) has decided to shine a brighter light on those that have been alleged to violate consumer...more

Goodwin

FTC Files Suit Against Third-Party Bill Payment Company

Goodwin on

On April 25, 2024​, the FTC announced​ that it filed a suit against a Washington-based ​third-party bill payment company​ and two of its chief executives ​​for engaging in allegedly ​deceptive ​and misleading ​​practices​ in...more

Farella Braun + Martel LLP

FTC Enforces Against Non-US Entity, But Is a U.S.-Based Physical Presence a Necessary Predicate?, Nate Garhart

The U.S. is rightfully protective of U.S. consumers, and the Federal Trade Commission (FTC) often takes the role of protecting privacy rights through Section 5 of the FTC Act. The linked article highlights such enforcement...more

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