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

    On February 10, 2022 the Federal Trade Commission announced that it intends to vote whether to issue an Advance Notice of Proposed ... 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

    Supreme Court Expands TCPA to Cover More Categories of Speech

    In a 6-3 opinion, delivered by Justice Kavanaugh, the Supreme Court affirmed the Fourth Circuit’s ruling in Barr v. American Association of Political Consultants, ... Read Article

    Dietary Supplement Marketing and Earnings Claims Amid Coronavirus Pandemic

    Unsubstantiated marketing claims that exploit consumer anxiety amid the coronavirus pandemic are a top priority for private class action litigants and federal ... Read Article

    NY AG Focused on Price Gouging During COVID Outbreak

    The New York Office of the Attorney General is actively investigating the advertising or offering for sale of necessary consumer goods at ... Read Article

    California’s New Data Broker Registration Law

    If compliance with the California Consumer Privacy Act isn’t enough to fill marketers’ compliance plates, California Governor Gavin Newsome has signed a ... Read Article

    TCPA Update:  Telemarketer Friendly ATDS and Single Text Rulings

    A Florida federal court recently ruled in favor of the defendant when it held that dialing equipment must have the requisite “present ... Read Article

    FTC Warns Marketers to Take CIDs and Subpoenas Seriously

    The Federal Trade Commission obtains information through subpoenas and civil investigative demands (CIDs) pursuant to its mission to investigate deceptive and unfair ... Read Article

    FTC Signs Consumer Protection MOU With UK Regulator

    The Federal Trade Commission has signed a memorandum of understanding with the United Kingdom’s Competition and Markets Authority (CMA), a non-ministerial department ... Read Article

    FTC Defense Lawyer Alert: Third Circuit Limits FTC’s Enforcement Authority for Prior Conduct

    Bad facts for the Federal Trade Commission?  Maybe.  Resulting in bad law from the FTC’s perspective?  Maybe.  What is certain is that ... 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

    SCOTUS to Hear Internet Sales Tax Case

    The U.S. Supreme Court has agreed to hear an appeal by South Dakota of high-court precedent dating back to the pre-internet era.  ... Read Article

    FDA Issues CBD Substantiation Warnings

    On November 1, 2017, the Food and Drug Administration (FDA) issued warning letters to four companies with respect to CBD-related claims made ... Read Article

    RIP Net Neutrality

    Net neutrality, the “First Amendment of the Internet,” is the idea that ISPs should treat everyone’s data equally.  It ensures that the ... Read Article

    FTC Defense Lawyer Alert:  FTC Data Security Enforcement Authority Takes a Hit

    A District Court in Northern California has recently dismissed multiple “unfairness” claims against a company that manufactures and sells home networking devices ... Read Article

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