• 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

    Advertiser and Network Responsibilities for What Others Say in Social Media

    As previously blogged about here, the FTC actively continues its assault on paid-for rankings, ratings and review websites. The FTC’s Endorsement Guides provide ... Read Article

    Breaking News: Supreme Court Limits Regulatory Right to Disgorgement in Judicial Enforcement Actions

    On June 22, 2020, the Supreme Court issued its highly anticipated opinion in Liu v. Securities and Exchange Commission.  In doing so, ... Read Article

    Court Enforces TCPA Clickwrap Agreement in a Victory for Marketers

    One of the key issues in any Telephone Consumer Protection Act class action lawsuit is whether there exists “prior express written consent.”  ... Read Article

    California Redefines Analysis of Independent Contractor Classification

    In September 2019, California Governor Gavin Newsom signed a new measure (AB 5) that essentially redefines businesses classify employees and independent contractors.  ... Read Article

    What Digital Marketers Need to Know About Contractual Limitation of Liability Clauses

    In one form or another, limitation of liability clauses are almost always in digital marketing contracts.  They typically attempt to exclude certain ... Read Article

    CBD Advertising and FTC Enforcement

    Since passage of the “Farm Bill” which legalized hemp-derived CBD containing less than 0.3% THC, the Federal Trade Commission has twice issued ... Read Article

    Court Addresses Unconstitutional TCPA Damages and Who Can be Held Liable

    A company that managed the ownership rights of a film hired a company to promote and market the film.  There were approximately ... Read Article

    Online Advertising and “Enhanced Notice”

    A recent BBB opinion appears to be another harbinger of the direction that data privacy law is going.  Specifically, a decision by ... Read Article

    Individualized Issues of Consent Result in TCPA Class Action Certification Denial

    Class actions are designed to promote the efficiency of litigation by allowing the claims of a group of individuals with the same ... Read Article

    FTC Reiterates Privacy and Data Security Priorities

    The Federal Trade Commission recently testified before the House Energy and Commerce Subcommittee about its work to protect consumers, promote competition, privacy ... Read Article

    Senators Propose Internet Privacy Bill That Threatens Digital Advertising

    Earlier this month, Senators Richard Blumenthal and Ed Markey (D-MA) introduced new privacy legislation entitled the Customer Online Notification for Stopping Edge-provider ... Read Article

    FTC Investigation and Enforcement Trends

    Privacy and data security-related issues remain a hot-button subject and the parameters are still being defined by the FTC, as well as ... Read Article

    The Story Behind $O FTC Settlements and Suspended Judgments

    It is a phrase you see or hear attorneys make when describing FTC settlements:  “The order includes a suspended judgment.” The Federal ... Read Article
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