On February 10, 2022 the Federal Trade Commission announced that it intends to vote whether to issue an Advance Notice of Proposed Rulemaking on “deceptive earnings claims for business ventures, gig or other work opportunities, or educational, coaching or training offerings.” The vote is set to take place on February 17, 2022 at an open meeting. A webcast will be available on … [Read more...]
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 wrote to the Committee regarding the FTC’s position that the ability of the agency to return money unlawfully taken from consumers should be restored. The aforementioned Congressional Committee is currently working … [Read more...]
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 unwanted Federal Trade Commission scrutiny. A recently announced settlement with Online Training Academy requiring its principals to turn over millions of dollars in cash and assets further illustrates the dangers of operating … [Read more...]
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 trade practices. Such requests are legally enforceable and the FTC recently issued a warning that recipients of subpoenas or CIDs must take their compliance obligations seriously. What is a CID A CID … [Read more...]
FTC Absorbs Multiple Blows to its Enforcement Authority
The Federal Trade Commission has historically achieved significant and almost unchecked success fending off challenges to the agency’s authority to use the FTC Act to collected money and hold individuals liable. Until now. Remedial Arsenal Under Attack Section 13(b) of the FTC Act authorizes the FTC to seek preliminary injunctive relief where the agency has “reason … [Read more...]
FTC Discusses the Intersection Between Privacy and Innovation
FTC Commissioner Noah Phillips recently spoke at the Internet Governance Forum in Washington, D.C. about potential negative consequences surrounding rapidly expanding national and international privacy regulations. As his prepared remarks indicate his desire that proponents of new privacy regulations ask themselves if they are willing to allow a reduction in competition or … [Read more...]
California Enacts GDPR-Like Privacy Changes
On the heels of Colorado’s new cybersecurity legislation, California has now announced that it has enacted the California Consumer Privacy Act of 2018. The legislation provides residents of California the right to: be informed about the personal information that is collected about them; be informed whether their information is sold to third-parties and who those … [Read more...]
Acting FTC Chair Provides Insight into Anticipated Consumer Protection Policies
Acting FTC Chairman Maureen Ohlhausen recently offered a degree of insight into the agency’s anticipated consumer protection priorities via a recent keynote address delivered at the American Bar Association’s Consumer Protection Conference. Ohlhausen unequivocally conveyed that, at a fundamental level, a successful FTC action makes current and future consumers better off … [Read more...]
FTC and Amazon in In-App Purchasing Clash
The FTC filed charges a few days ago against Amazon, of all companies, seeking to permanently ban them from billing customers for in-app purchases without explicit consent. "Amazon.com, Inc. has billed parents and other account holders for millions of dollars in unauthorized in-app charges incurred by children," according to the FTC. From the FTC press release announcing the … [Read more...]