At least one federal court ruled that an “established business relationship” can be created during a telephone call - and prevent further calls from violating the TCPA - even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act. Charvat v. Southard Corp., No. 2:18-cv-190 (S.D. Ohio). Background In Southard, the plaintiff alleged … [Read more...]
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 The Third Circuit has just issued an opinion in FTC v. AbbVie, Inc. holding that the FTC is not entitled to seek disgorgement under Section 13(b) of the FTC Act. In August 2019, the Seventh Circuit similarly decided … [Read more...]
FTC’s Assault on Paid-For Rankings, Ratings and Review Websites Continues
The FTC’s Endorsement Guides provide that if there is a “material connection” between an endorser and an advertiser – in other words, a connection that might affect the weight or credibility that consumers give the endorsement – that connection should be “clearly and conspicuously” disclosed, unless it is already clear from the context of the communication. A material … [Read more...]
FDA Position on Cannabis-Derived Compounds
Regulation of Products Containing Cannabis and Cannabis-Derived Compounds Immediately following the 2018 Farm Bill being signed into law, the U.S. Food and Drug Administration issued a statement on CBD products intended for human consumption. The December 20, 2018 statement from FDA Commissioner Scott Gottlieb, M.D. first recognizes that the Agricultural Improvement Act of … [Read more...]
FTC Defense Lawyer Report: Top 10 FTC Consumer Protection Topics (2017)
The FTC’s recent law enforcement and policy initiatives suggest that the agency will continue to aggressively pursue a broad spectrum of unfair and deceptive trade practices. Practices affecting small businesses. In 2017 the FTC targeted companies that targeted small businesses with deceptive promotions. A pending lawsuit alleges that New York- and Illinois-based A1 … [Read more...]
Processor that Provided “Substantial Assistance” Found Jointly and Severally Liable for Actions of Telemarketer
On December 13, 2017, the Eleventh Circuit Court of Appeals affirmed a lower court decision finding a credit card payment processor jointly and severally liable - under a theory “substantial assistance” - for the full judgment entered against allegedly fraudulent telemarketers. Federal Trade Commission v. WV Universal Management, LLC (11th Cir. Dec. 13, 2017). “Joint and … [Read more...]
FTC and FCC Announce MOU to Coordinate Online Consumer Protection Efforts
On December 11 2017, the Federal Trade Commission and Federal Communications Commission announced their intent to enter into a Memorandum of Understanding under which the two agencies would allocate enforcement responsibilities following the adoption of the Restoring Internet Freedom Order. “The Memorandum of Understanding will be a critical benefit for online consumers … [Read more...]