Author: Richard B. Newman

House Passes Bill Aimed at Restoring FTC Enforcement Authority

On July 20, the U.S. House of Representatives passed the Consumer Protection and Recovery Act (H.R. 2668).  Authored by Representative Tony Cárdenas (D-CA), ... Read Article

Important Email Marketing Legal Decision by California Court of Appeals

On June 21, 2021 in the matter of Greenberg et al. v. Digital Media Solutions LLC, the Court of Appeal of the ... Read Article

FTC and U.S. Chamber of Commerce Fight About Section 13(b) of the FTC Act

Following a hearing in the Senate Committee on Commerce, Science, and Transportation last month, Federal Trade Commission Acting Chairwoman Rebecca Kelly Slaughter ... Read Article

FTC Warns Marketers and Social Media Platforms About COVID-19 Claims

In April 2021, the Federal Trade Commission announced that it forwarded a tenth set of warning letters to marketers, directing them to stop making ... Read Article

The Highly Anticipated Supreme Court Decision in AMG Capital Management, LLC v. Federal Trade Commission is Drawing Near

And Those in Favor of a Legislative Fix to the FTC’s Embattled Enforcement Authority Under 13(b) Are Acting With a Greater Sense ... Read Article

Advertiser’s Responsibilities for What Others Say in Social Media

As outlined by the FTC Endorsement Guides, advertisers are required to have “reasonable programs” in place to train and monitor members of ... Read Article

FTC Obtains Court Order Banning Alleged Work-From-Home Scammer from Selling Business Opportunities and Using Robocalls

The Federal Trade Commission has announced that it has permanently banned an alleged work-from-home scammer from selling or promoting business opportunities and ... Read Article

Court Holds Professional TCPA Litigant Can Face Fraud-Based Counterclaim

In the matter of Cunningham v. USA Auto Protection, LLC, the professional litigant plaintiff alleged that USA Auto Protection made more than ... Read Article

Defendant Behind Alleged Bogus Health Insurance Scheme Agrees to Settle FTC Charges

One of the defendants behind an alleged sham health insurance scheme has been permanently banned from the health care business as part of a ... Read Article

Court Holds No TCPA Standing With Ringless Voice Mail Message

The Eleventh Circuit recently held that a plaintiff does not suffer concrete injury through receipt of a single ringless voice mail message. Grigorian ... Read Article

DoJ Announces Historic Civil Penalty in a Telemarketing Enforcement Action

The Department of Justice has announced a settlement in which DISH Network LLC will pay $126 million in civil penalties to the ... Read Article

Can an EBR be Created DURING a Telephone Solicitation?

At least one federal court ruled that an “established business relationship” can be created during a telephone call – and prevent further ... Read Article

Supreme Court Brief Filed in Favor of  Broad Interpretation of ATDS Definition

The Plaintiff in Facebook, Inc. v. Duguid has recently filed its merits brief on this issue of whether the Telephone Consumer Protection Act’s ... Read Article

Third Circuit Deals Blow to FTC Disgorgement Authority

As previously blogged about here, here, here and here, the FTC’s authority to seek monetary disgorgement in federal court may be on the ropes. Breaking News ... Read Article

FTC Settles Charges Against Online Investment Training Program Providers While Doubts About the Scope of FTC Enforcement Authority Loom

As previously blogged about here, providers of online training and business coaching programs have increasingly found themselves on the receiving end of ... Read Article
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