A civil investigative demand (“CID”) is the instrument by which the Federal Trade Commission exercises its compulsory process authority in connection with investigations. CIDs may require the production of documents – including electronically stored information – or tangible things, the provision of testimony, and the providing of written responses to questions. A CID must state … Read more
Recipients of FTC warning letters and notices of penalty offense should be on high alert and act quickly. Their advertising and marketing practices could be in violation of applicable legal regulations. What is an FTC Warning Letter? Federal Trade Commission “warning letters” are intended to warn companies that their conduct is likely unlawful and that … Read more
The Federal Trade Commission is watching the healthcare lead generation industry closely. On December 10, 2024, the Federal Trade Commission announced that it has sent warning letters to 21 companies that market or generate leads for healthcare plans. The letters were sent as open enrollment season for healthcare plans is ongoing. They provide guidance and … Read more
On July 30, 2024, New York Attorney General Letitia James announced the launch of two privacy guides on the Office of the Attorney General (OAG) website: a Business Guide to Website Privacy Controls and a Consumer Guide to Tracking on the Web. The Business Guide is intended to help businesses better protect visitors to their websites by identifying … Read more
On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows the FTC to strengthen enforcement, seek civil penalties against violators and deter AI-generated fake reviews. “Fake reviews not only waste people’s time and money, but also pollute the marketplace and … Read more
As noted in a prior post by an FTC Made in USA law fim, manufacturers and marketers cannot simply assume that the components or ingredients they obtain from U.S.-based suppliers are “all or virtually all made in the USA.” Instead, they should seek certification from suppliers concerning the percentage of U.S. content therein. The FTC … Read more
Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to which the agency participated in the unlawful conduct, the degree of control the client exercised over the agency and responsibility for advertising … Read more
The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. For example, when one company assists, facilitates and/or actively participates in deceptive acts or practices while knowing (or should have known) of its wrongfulness, that … Read more
The rule gives the FTC stronger tools to combat those that impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking civil penalties The Federal Trade Commission’s new rule on government and business impersonation is now in effect. This new rule is particularly important given the Supreme Court’s April 2021 ruling in … Read more
As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. Specifically, the final rule implements updates that prohibit deceptive and abusive practices in all business-to business calls; updates the TSR’s recordkeeping requirements; and proposed an amendment … Read more
Leading FTC Investigation and Enforcement Defense Lawyer Discusses How Marketers Can Best Position Themselves if They Become the Subject of an FTC (or other regulatory) Civil Investigative Demand or Subpoena A Federal Trade Commission Civil Investigative Demand is an administrative subpoena utilized by the Federal Trade Commission (and other regulatory agencies, such as a state … Read more
On November 2, 2023, the Federal Trade Commission announced that it is taking action against personal finance app provider Brigit, alleging that its promises of “instant” cash advances of up to $250 for people living paycheck-to-paycheck were deceptive and that the company locked consumers into a $9.99 monthly membership they could not cancel. Brigit, also … Read more
On October 3, 2023, Google released an announcement entitled “New Gmail protections for a safer, less spammy inbox.” By February 2024, Google will require bulk senders to authenticate their emails, allow for easy unsubscription and stay under a reported spam threshold. “…[T]oday, we’re introducing new requirements for bulk senders — those who send more than … Read more
In November 2019, the Federal Trade Commission filed a lawsuit against direct selling wellness company Neora, LLC (f/k/a Nerium International, LLC) and its Chief Executive Officer alleging that the company operates as an illegal pyramid scheme and falsely promises recruits they will achieve financial independence if they join the scheme. The lawsuit also alleges that … Read more
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