Earlier this year, a federal district court in California dismissed email marketing-related legal claims for alleged violations of California Business and Professions Code § 17529.5 – which forbids email advertisements containing false or deceptive subject lines and header information – against Sauphtware, Inc. d/b/a “Panda Mail.” The court found that Panda Mail only sent the … Read more
President Trump has chosen Joseph J. Simons, a renowned antitrust lawyer that has represented tech giants like Microsoft, to lead the Federal Trade Commission. Simons previously led the competition bureau of the FTC during the George W. Bush administration. Noah Phillips – chief counsel for Senator John Cornyn (R-TX) and Rohit Chopra – a fellow … Read more
On June 23, 2017, the Federal Trade Commission announced that the remaining defendants behind a “massive landline cramming operation” agreed to settle Federal Trade Commission charges that they placed more than $70 million in unauthorized charges on consumers’ phone bills. The settlements with defendants Steven Sann, Terry Lane and the corporate defendants who allegedly operated … Read more
According to the Department of Justice’s Criminal Division, a Latvian man made his initial appearance earlier this month in Minneapolis following extradition from Poland for his involvement in an alleged “scareware” hacking scheme that targeted the Minneapolis Star Tribune’s website and caused millions of dollars in losses to Internet users. Peteris Sahurovs a/k/a “Piotrek” a/k/a … Read more
As previously blogged about, here, a private right of action for violations of Canada’s Anti-SPAM law was to go into effect as of July 1, 2017. Earlier this month, however, the Canadian government announced that it has suspended the implementation of the private right of action provision, and that it will not come into effect … Read more
Last week Google confirmed intentions to add a Chrome feature designed by default to block certain types of advertisements. In doing so, Google has stated that it will work with publishers to understand the new built-in “filtering” standards and reporting tools. Websites that violate pre-determined acceptability thresholds will simply not have any advertisements displayed. Non-qualifying … Read more
Last month, the United States District Court for the District of New Jersey granted summary judgment in favor or Bayer HealthCare LLC in a consumer class action over its probiotic dietary supplement. In short, the dispute involved allegations that Bayer knowingly made false digestive health-related efficacy claims in violation of California and Illinois consumer protection … Read more
The conclusion of the three year transition period for Canada’s Anti-SPAM law is rapidly approaching. Provisions pertaining to a “private right of action” will soon become effective. The CAN-SPAM Act does not provide for a private right of action and does not regulate text messages. Conversely, any individual that receives an unsolicited commercial electronic message … Read more
Acting FTC Chair Maureen Ohlhausen continues to reinforce her intent to ensure that the Commission will be focusing on consumer injury when the agency decides what cases to bring and what remedy to seek. “In every consumer protection case we bring, we must ensure that we seek and obtain for consumers relief that is tied … Read more
Earlier this week, in cooperation with the Food and Drug Administration, the Federal Trade Commission circulated a consumer-focused reminder regarding dietary supplements. “Dietary supplements may seem like harmless health boosters. But while some have proven benefits, many don’t. Unlike drugs, dietary supplements aren’t evaluated or reviewed by FDA for safety and effectiveness, and even “natural” … Read more
In the latest installment of the Federal Trade Commission’s core mission to protect consumers against unfair and deceptive trade practices, the Commission has settle charges against the marketers of a weight-loss system advertised as using “breakthrough technology” and “personalized supplements” to help consumers permanently lose “20 to 40+ pounds in 40 days” without significantly cutting … Read more
On March 28, 2017, the Federal Trade Commission released its 2016 Annual Highlights. The Highlights demonstrate the agency’s ongoing efforts to protect consumers and promote competition over the past calendar year. “2016 was a historic year for the FTC. We obtained almost $12 billion in redress for consumers, and took action in more than a … Read more