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Section 5 Enforcement Actions Unfair or Deceptive Trade Practices

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

Hudson Cook, LLP on

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

Venable LLP on

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

Hudson Cook, LLP

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

Hudson Cook, LLP on

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

Venable LLP

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

Venable LLP on

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

Troutman Pepper Locke on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Troutman Pepper Locke on

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

Federal Trade Commission Sues Business Financing Company for Allegedly Misleading Consumers

Hudson Cook, LLP on

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

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

BakerHostetler

What’s the Damage? - The FTC Cracks Down on False Promises of PPP Loans

BakerHostetler on

Note: The March 25 version of this article has been updated. The other day, the FTC announced settlements with two different companies that allegedly made false promises to small businesses that their companies could help...more

WilmerHale

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

WilmerHale on

On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

WilmerHale

FTC Targets "Dark Patterns" in Actions Against Amazon and Publishers Clearing House

WilmerHale on

The Federal Trade Commission (FTC) in recent years has made clear its intention to adopt a more aggressive enforcement posture toward so-called dark patterns. The FTC defines unlawful dark patterns to include any online...more

WilmerHale

FTC Announces Enforcement Action Against 1Health.io for Inadequate Protection of Genetic Data and Unfair Privacy Policy Changes

WilmerHale on

On June 16, the Federal Trade Commission (FTC) announced an enforcement action against 1Health.io Inc. (“1Health,” also known as Vitagene, Inc.), a genetic testing company that analyzes consumer-provided DNA samples and uses...more

Ballard Spahr LLP

FTC settles lawsuit against Publishers Clearing House involving alleged use of “dark patterns”

Ballard Spahr LLP on

Less than a week after announcing that it had filed a civil case against Amazon alleging that the company used “dark patterns” to enroll people in its Prime program, the FTC announced that it has entered into a settlement...more

Orrick, Herrington & Sutcliffe LLP

District Court dismisses FTC’s privacy claims against data broker with leave to amend

On May 4, the U.S. District Court for the District of Ohio issued two separate rulings in a pair of related disputes between the FTC and a data broker. The disputes center around accusations made by the FTC last August that...more

Goodwin

Overdraft Protection Programs: Risk Management Practices

Goodwin on

Regulatory Developments - Overdraft Protection Programs: Risk Management Practices - On April 26, the OCC issued guidance in OCC Bulletin 2013-12, “Overdraft Protection Programs: Risk Management Practices,” to...more

Wyrick Robbins Yates & Ponton LLP

Consent Horizon: BetterHelp to Pay $7.8 Million to Settle FTC Claims

On the heels of its $1.5 million enforcement action against GoodRx, the FTC is back with an enforcement action against BetterHelp, an online mental health counseling service. This time the price tag will be $7.8 million,...more

WilmerHale

FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising

WilmerHale on

On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more

NAVEX

Part 1: Privacy in 2023 – What to Expect and How to Prepare

NAVEX on

Privacy law compliance in the United States today demands resilience, flexibility, and responsiveness. To date, the U.S. Congress has failed to enact broadly applicable privacy standards to govern companies uniformly...more

Wyrick Robbins Yates & Ponton LLP

Not What the Doctor Ordered: GoodRx to Pay $1.5 Million in FTC’s First Enforcement of the Health Breach Notification Rule

The Federal Trade Commission earlier this month undertook an enforcement action against online pharmacy and telehealth provider GoodRx, in the latest example of the agency seriously pursuing its role as the nation’s de facto...more

Epstein Becker & Green

FTC Tries Again to Provide Guidance on Enforcement Under Section 5 of FTC Act

Epstein Becker & Green on

The Federal Trade Commission (FTC) is authorized, pursuant to section 5 of the Federal Trade Commission Act (the “Act”), to address “unfair methods of competition.”...more

Cadwalader, Wickersham & Taft LLP

Non-Creditor Advertising of Credit Pre-Approvals Likely Deceptive

The federal banking regulators have guidance in place regarding the advertising of credit pre-approvals, and, of course, Regulation Z and the Truth In Lending Act have provisions regarding how and when a pre-approval can be...more

Bilzin Sumberg

FTC Lawsuit Reveals Fraught Issues Surrounding Sale of Consumer Data

Bilzin Sumberg on

The Federal Trade Commission (“FTC”) on Monday, August 29, 2022, sued Idaho-based Kochava Inc., a data broker, in the United States District Court for the District of Idaho, seeking a permanent injunction and other relief for...more

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