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UDAP Federal Trade Commission (FTC)

Fox Rothschild LLP

Data Sharing and the Automotive Industry: What We Are Telling Clients

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There is a new wave of lawsuits pertaining to data sharing in the automotive industry. What are we discussing with our clients? •Personal data is broader than you think: Things like average speed; acceleration events, hard...more

Hinch Newman LLP

Ad Agency Liability and the FTC

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Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to...more

Ballard Spahr LLP

Update on Petition to Review FTC’s CARS Rule

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Petitioners in the challenge to the Federal Trade Commission’s (“FTC”) Combating Auto Retail Scams Rule (“CARS Rule”) filed their Petitioners’ Brief on March 15, 2004 in support of their petition for review, and a who’s who...more

Sheppard Mullin Richter & Hampton LLP

FTC Approves Compulsory Process for AI-related Products and Services

On November 21, the FTC voted 3-0 to approve the omnibus resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that use or claim to be produced using artificial...more

Hudson Cook, LLP

FTC TurboTax Initial Order Offers Key Advertising Compliance Lessons

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On September 8, 2023, the Federal Trade Commission announced that its administrative law judge had issued an Initial Decision and Order in the FTC's case against Intuit, alleging that the company had deceptively marketed the...more

Sheppard Mullin Richter & Hampton LLP

FTC Judge Orders Tax Filing Software Company to Stop Advertising Products as “Free”

On September 8, the FTC’s Chief Administrative Law Judge (“ALJ”) issued an initial decision finding that a company providing tax filing software services engaged in deceptive advertising practices in violation of Section 5 of...more

Ballard Spahr LLP

FTC requests comment on consumer advocate petition regarding auto “yo-yo financing”

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On May 31, 2023, the Federal Trade Commission (“FTC”) requested public comment on a petition for rulemaking it received from six national consumer advocate groups regarding “yo-yo sales,” a term the groups use to refer to...more

Troutman Pepper

CFPB's Policy Statement on Abusiveness (Part 1) - The Consumer Finance Podcast

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Please join Troutman Pepper Partner Chris Willis and his colleagues Alan Wingfield, James Kim, and Taylor Gess for the first installment of a special two-part series about the Consumer Financial Protection Bureau's (CFPB)...more

Orrick, Herrington & Sutcliffe LLP

FTC finalizes gaming company order on dark patterns

On March 14, the FTC finalized an administrative order requiring a video game developer to pay $245 million in refunds to consumers allegedly tricked into making unwanted in-game purchases....more

Orrick, Herrington & Sutcliffe LLP

FTC proposes changes to Negative Option Rule

On March 23, the FTC announced a notice of proposed rulemaking (NPRM) seeking feedback on proposed amendments to the agency’s Negative Option Rule, which is used to combat unfair or deceptive practices related to...more

Sheppard Mullin Richter & Hampton LLP

FTC Examining Small Business Credit Reporting System

On March 17, the FTC announced its inquiry into the small business credit reporting industry. In particular, it is ordering five firms to provide detailed information about their products and processes. The FTC notes...more

Orrick, Herrington & Sutcliffe LLP

FTC orders refunds over compromised health data

On March 2, the FTC filed a complaint against an online counseling service alleging the respondent violated the FTC Act by monetizing consumers’ sensitive health data for targeted advertising purposes. As part of the process...more

Orrick, Herrington & Sutcliffe LLP

District Court allows FTC suit against owners of credit repair operation to proceed

On February 13, the U.S. District Court for the Eastern District of Michigan denied a motion to dismiss filed by certain defendants in a credit repair scheme....more

Eversheds Sutherland (US) LLP

FTC diagnoses common digital practices as both UDAP and breach

In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more

Kelley Drye & Warren LLP

State AGs and Consumer Protection: What We Learned from….Tennessee

While seventeen new state attorneys general are now sworn in and getting settled into their offices across the country, consumer protection continues to be the top of their agenda. Enforcement continues to take shape in...more

Orrick, Herrington & Sutcliffe LLP

FTC takes action against eye surgery provider

On January 19, the FTC announced an action against an Ohio-based eye surgery provider (respondent) concerning allegations that it engaged in “bait-and-switch” advertising. According to the FTC’s complaint, the respondent...more

Orrick, Herrington & Sutcliffe LLP

FTC takes action against investment advisor, cites violations of Notice of Penalty Offenses

On January 13, the FTC announced an action against an investment advisor and its owners concerning allegations that the defendants made deceptive claims when selling their services to consumers. ...more

Orrick, Herrington & Sutcliffe LLP

Senators ask FTC, CFPB to investigate deceptive listing agreements

In December, Senate Banking Committee Chairman Sherrod Brown (D-OH), along with Senators Tina Smith (D-MN) and Ron Wyden (D-OR) sent a letter to the FTC and the CFPB requesting a review of a Florida-based real estate...more

Troutman Pepper

FTC Consent Order With Auto Dealer and Proposed Rule - The Consumer Finance Podcast

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Please join Troutman Pepper Partner Chris Willis and his guest and colleague Brooke Conkle as they discuss the Federal Trade Commission’s (FTC) recent consent order with Passport Auto Group. The FTC alleged Passport violated...more

Kelley Drye & Warren LLP

Is Discrimination “Unfair” Under the UDAP Laws? New Lawsuit Challenges CFPB’s Anti-Discrimination Guidelines

Most people would generally agree that discriminating on the basis of race, color, religion, disability, or similar factors is a bad thing to do – indeed, that it’s “unfair” within the common meaning of the word. It’s also...more

Sheppard Mullin Richter & Hampton LLP

FTC Targets Credit Services Company For False “Pre-Approved” Credit Offers

On September 1, the FTC issued an administrative complaint and consent order alleging that a credit services company harmed consumers by making false claims of “pre-approved” credit offers, enticing many consumers to apply...more

Venable LLP

When a Mail Order Rule Case Is Not Just About the Mail Order Rule

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At the height of the pandemic, the Federal Trade Commission took swift action to stamp out scammers and other actors looking to take advantage of - or simply make a buck off - the crisis. One of the early moves it made was to...more

Cozen O'Connor

Dark Patterns: The Next UDAP Frontier | 2022 NAAG Spring Consumer Protection Conference (Part 2 of 4)

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The National Association of Attorneys General’s biennial Consumer Protection Conference always provides a fascinating deep dive into the minds and priorities of state attorney general consumer protection staff, and of the...more

Wiley Rein LLP

Federal Efforts Introduced to Protect Non-HIPAA Health Data

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Under federal law, much of the health data recorded from wearable devices, health care applications, and health IoT devices is beyond the reach of the Health Insurance Portability and Accountability Act (HIPAA), which...more

Sheppard Mullin Richter & Hampton LLP

FTC Bans Operators of Alleged Debt Relief Scam, $5.3M penalty

On February 28, the FTC announced that the operators of an alleged credit card interest rate reduction scam will be permanently banned from the debt relief industry as part of court orders resolving charges by the FTC and the...more

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