News & Analysis as of

Unfair or Deceptive Trade Practices Enforcement

Cozen O'Connor

NY Fights FAIR to Expand State Consumer Protection Law

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New York AG Letitia James announced her support for passage of the Fostering Affordability and Integrity through Reasonable Business Practices (FAIR) Business Practices Act. The Act would expand the state’s consumer...more

Holland & Knight LLP

Podcast - New Guidance on Complying with FTC Rule on Deceptive and Unfair Fees

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta breaks down the Federal Trade Commission's (FTC) Rule on Unfair or Deceptive Fees, focusing on recent FAQs that clarify its application...more

Kelley Drye & Warren LLP

FTC Issues FAQs on Fees Rule, Affirms Rule to Become Effective Next Week

The FTC issued FAQs to answer common questions about its Rule on Unfair or Deceptive Fees and to provide a small entity compliance guide in connection with the Rule. The issuance of the FAQs affirms that the current FTC, led...more

Allen Matkins

California's Anti-Price Gouging Law: What Businesses and Consumers Need to Know About Price Increases For Goods & Services After...

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Following the devastating fires in Southern California, Governor Gavin Newsom proclaimed a State of Emergency to exist in Los Angeles and Ventura Counties. This proclamation triggered the application of California Penal Code...more

Awatif Mohammad Shoqi Advocates & Legal...

Understanding the New Competition Law in the UAE

Introduction: The UAE has introduced a new competition law and abrogated the old competition law, federal law No. 4 of 2012. The new federal decree law No. 36 of 2023 on the regulation of competition sets forth competition...more

Davies Ward Phillips & Vineberg LLP

The Canadian Competition Bureau’s Draft Guidance for Going Green

In June 2024, amendments to the Canadian Competition Act (Act) garnered significant attention (and criticism) from both business and legal communities in Canada for the introduction of new “greenwashing” provisions. The new...more

Holland & Knight LLP

Fifth Circuit Strikes Down FTC's Auto Retail Scam Rule: Key Implications for Dealers

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The U.S. Court of Appeals for the Fifth Circuit on Jan. 27, 2025, vacated the Federal Trade Commission's (FTC) Rule on Combating Auto Retail Scams (CARS Rule) before it could take effect, finding that the FTC failed to follow...more

Hinch Newman LLP

Business Coaching Program Alert: FTC Proposes Changes to Biz Opp Rule to Deter Deceptive Earnings Claims – Republican...

Hinch Newman LLP on

On January 13, 2025, the Federal Trade Commission announced that it is seeking comment on proposed changes to the Business Opportunity Rule and a proposed new Earnings Claim Rule. According to the FTC, the two, taken...more

Kelley Drye & Warren LLP

FTC Puts Pedal to the Metal to Release Proposed Rule on MLM Earnings Claims, Changes to Business Opportunity Rule—but Republican...

The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that...more

Bradley Arant Boult Cummings LLP

CFPB’s Successor Homeowner Issue Spotlight: The Other Side of the Story

On December 17, 2024, amid a flurry of activity by the Consumer Financial Protection Bureau (CFPB), the agency released an Issue Spotlight discussing “problems with mortgage companies” that homeowners face “after divorce or...more

Foley & Lardner LLP

FTC Finalizes “Click-to-Cancel” Rule 18 October 2024

Foley & Lardner LLP on

The Federal Trade Commission (FTC) has finalized amendments to the Negative Option Rule, now retitled the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs“ (“Rule”), which represents a significant...more

Mintz - Antitrust Viewpoints

FTC Launches Operation AI Comply with Five Enforcement Actions Involving AI Misuse – AI: The Washington Report

On September 25, 2024, the Federal Trade Commission (FTC) announced five enforcement actions against companies that allegedly used AI to further deceptive or unfair conduct. The actions are part of the FTC’s Operation AI...more

Foley & Lardner LLP

Franchisor Enforces Its Trademark Rights Against Former Prospective Franchisee

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A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier...more

Sheppard Mullin Richter & Hampton LLP

CFPB Cracks Down on Credit Services Provider for Gouging and Trapping Consumers

On September 13, the CFPB filed a complaint against a nonbank corporation and its CEO, alleging that the company engaged in deceptive and abusive acts through misleading advertising and unjustified, exorbitant fees related to...more

Harris Beach Murtha PLLC

First Patch in AI Quilt: Colorado Passes Nation’s 1st Broad AI Law

As Artificial Intelligence becomes more of a household name, lawmakers and regulators throughout the nation are examining ways to protect consumers. Colorado recently passed first-of-its-kind legislation, a comprehensive law...more

Vinson & Elkins LLP

Texas Biometrics Case Highlights Need for Consent: Meta Settles for $1.4 Billion

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On July 30, 2024, Meta Platforms, Inc. (formerly known as Facebook, Inc.) agreed to pay $1.4 billion to the State of Texas to settle a lawsuit alleging that Meta unlawfully captured and used biometric identifiers of millions...more

Hinch Newman LLP

Federal Trade Commission and Department of Justice Joint Task Force News

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The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more

Sheppard Mullin Richter & Hampton LLP

FTC Files Action Against Student Debt Relief Enterprise

On June 28, the FTC announced it had filed an action in federal court against a California-based student debt relief enterprise for deceptive practices, including unlawfully obtaining advance fees for debt relief, and...more

Pierce Atwood LLP

Massachusetts Attorney General Clarifies Position on Artificial Intelligence

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The Massachusetts Attorney General’s Office (AGO) recently issued an advisory clarifying that existing Massachusetts law applies to artificial intelligence (AI) to the same extent as any other product in the stream of...more

Sheppard Mullin Richter & Hampton LLP

CFPB Takes Action Against Owners of Small Dollar Lender for Hiding Money to Avoid Penalties

On June 17, the Consumer Financial Protection Bureau filed an order to resolve its 2023 lawsuit against the former CEO of a short-term small dollar lender and his spouse, in connection with a series of fraudulent transfers...more

Sheppard Mullin Richter & Hampton LLP

CFPB Sues Fintech for Deceptive Practices Surrounding Tipping Service

On May 17, the CFPB filed a lawsuit against a California-based fintech that operates a nationwide website and mobile-application based peer-to-peer lending platform through which consumers can obtain small-dollar, short-term...more

Sheppard Mullin Richter & Hampton LLP

FTC Cracks Down on Payments Processor for Facilitating Fraud

On May 1, the FTC announced a settlement in federal court in the Northern District of Georgia against a payment processing company, along with its former CEO and senior vice president, for the company’s role in handling...more

Sheppard Mullin Richter & Hampton LLP

FTC Calls Out Bill Payment Company’s Use of Dark Pattern Practices

On April 25, the FTC took action against a Washington-based bill payment company and its two co-founders alleging that the company used misleading search ads to impersonate consumers’ billers and deceptive design practices to...more

Vinson & Elkins LLP

White House’s “Strike Force on Unfair and Illegal Pricing” Advances an Old Antitrust Agenda Under a New Name

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On March 5, 2024, the White House announced the establishment of a new “Strike Force on Unfair and Illegal Pricing” (the “Strike Force”) stating that the Biden administration will hold accountable “corporations . . . when...more

Holland & Knight LLP

Fake It Until You Make It: FTC Targets Fake Reviews and Testimonials

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Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more

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