• 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

    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

    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

    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

    FTC Defense Lawyer on Colorado’s Cybersecurity Legislation

    Colorado’s governor recently signed into law House Bill 18-1128.  It is effective September 1, 2018 and sets forth information security requirements for ... 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

    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

    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 ... Read Article

    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 ... Read Article

    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 ... 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: Nationwide Crackdown on Student Loan Debt Relief Document Preparation Services Continues

    Earlier this month, the Federal Trade Commission, along with 11 states and the District of Columbia, announced “Operation Game of Loans,” the ... Read Article

    FTC Compliance Lawyer Alert: Debt Relief Document Preparation Services and the Telemarketing Sales Rule

    For years, the Federal Trade Commission and the Consumer Financial Protection Bureau have actively investigated and taken action against entities and individuals ... Read Article

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