• FTC Reminds Lead Generators Not to Misuse Sensitive Consumer Data

    Lead generators and digital marketers, beware.  The issue of legitimate data use, reasonable expectations, disclosures, affirmative consent, data privacy compliance and lead ... Read Article

    Use of Certain Technologies to Track Web Session Data May Violate Law

    Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to ... Read Article

    CFPB Issues Warning About Contractual Gag Clauses and Consumer Reviews

    On March 22, 2022 the CFPB issued a policy statement on contractual “gag” clauses and fake review fraud.  While the bulleting indicates ... Read Article

    FTC Rules With Civil Monetary Penalties for Deceptive Earnings Claims and Targeted Marketing May Be Forthcoming

    Accountable Tech has recently filed a petition for an FTC rulemaking that would ban “surveillance advertising” as an “unfair method of competition.”  ... Read Article

    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

    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

    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

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