Tag Archives: AMG

Taking Another Look at Courts Interpreting Section 19 of the FTC Act

By Daniel Kaufman on July 5, 2022 Posted in FTC

After the Supreme Court held that the Federal Trade Commission (FTC) could no longer use Section 13(b) of the FTC Act to seek equitable monetary relief in federal court, the agency quickly ransacked the sofa, seeking spare change and any other statutory tools it could find to compensate. Section 19 of the FTC Act contained … Continue Reading

If an Agency Calls Something Unfair, Does That Magically Make It Unlawful? A Recent Blog Post by the FTC’s Chief Technology Officer

By Daniel Kaufman on May 31, 2022 Posted in FTC

Last week, the Federal Trade Commission’s (FTC) tech blog quietly published a post that could have broad implications – for privacy practitioners and beyond. In this post, the agency takes the novel position that if consumer data is compromised in a security incident and the company does not provide consumer notice, that could in and … Continue Reading

The 10th Public Commission Meeting – Talking About Telemarketing, AMG and, Yes, Dream Incubation

By Daniel Kaufman and Amy Ralph Mudge on April 29, 2022 Posted in FTC

We made it to the 10th public commission meeting. Now, one person who didn’t make it to the meeting today (or at least did not appear on the main screen) was Alvaro Bedoya. We had heard that his confirmation vote to become the fifth commissioner was going to happen this week, but apparently a few … Continue Reading

The Rubber Hits the Road to the Tune of $10 Million – FTC and Illinois Sue an Auto Dealership

By Linda A. Goldstein and Daniel Kaufman on April 5, 2022 Posted in FTC

Not many people enjoy sitting in a car dealership spending hours evaluating or making a costly purchase, but it’s far more frustrating when the dealership allegedly engages in practices that face the ire of law enforcement. A recent case announced by the Federal Trade Commission (FTC) is important for many reasons. First, it’s a helpful … Continue Reading

You Do Have Time for This – the New Wave of FTC Rulemaking

By Daniel Kaufman on March 8, 2022 Posted in FTC

The wave of Federal Trade Commission (FTC or the Commission) rulemaking has begun, and it raises many questions: Most notably, how big is this wave going to be, why is the FTC doing this and do I have time for this? Although there has been a great deal of concern raised about whether and why … Continue Reading

FTC and the States — Everything You Wanted to Know but Were Afraid to Ask

By Daniel Kaufman and Victoria Weatherford on March 3, 2022 Posted in FTC

A lot has been written about the impact of the Supreme Court’s AMG decision on the Federal Trade Commission’s (FTC) future law enforcement approaches and strategies. One option is more administrative litigation, but that process can take many years and requires the FTC to demonstrate that the challenged practices were “dishonest or fraudulent.” Another option … Continue Reading

Look Back, Look Ahead: State Attorneys General Enforcement – Part Two

By Craig A. Hoffman, Victoria Weatherford and Jeffrey Zohn on March 2, 2022 Posted in State Attorneys General

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Hoffman and Victoria Weatherford presented on recent trends and predictions on state attorney general enforcement. The following summarizes our 10 predictions for state attorneys general enforcement in 2022. Prediction No. 1: Upcoming … Continue Reading

Look Back, Look Ahead: State Attorneys General Enforcement – Part One

By Victoria Weatherford, Craig A. Hoffman and Jeffrey Zohn on March 1, 2022 Posted in State Attorneys General

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Hoffman and Victoria Weatherford presented on recent trends and predictions on state attorney general enforcement. The following summarizes our 10 key takeaways from 2021. Takeaway No. 1: Biden Transition Shifts Attorneys General … Continue Reading

A Return to Substance: The 8th Public Commission Meeting Kicks Off Yet Another Mag-Moss Rulemaking

By Daniel Kaufman and Amy Ralph Mudge on February 18, 2022 Posted in FTC

Having recovered from the exceedingly lackluster seventh Federal Trade Commission (FTC) meeting, the two-hour eighth meeting had actual votes and a bit of drama. But be careful what you ask for. We highlighted the lack of consumer turnout at the last meeting, and that was certainly not the case this month – even members of … Continue Reading

The Shifting Post-AMG Landscape – Changes to the FTC Approach to Law Enforcement

By Daniel Kaufman on February 15, 2022 Posted in FTC

Ten months ago, the U.S. Supreme Court issued its unanimous decision in the AMG case, and with this decision, it put an end to the Federal Trade Commission’s (FTC) decadeslong reliance on Section 13(b) of the FTC Act as the primary tool to obtain monetary relief in federal court. It’s impossible to overstate the significance … Continue Reading

The FTC Administrative Process: Get Prepared for an Extended Engagement

By Daniel Kaufman on February 10, 2022 Posted in FTC

One of the post-AMG predictions about Federal Trade Commission (FTC or Commission) law enforcement is that we will see more administrative litigation. And that appears to be coming true, but not at an exceptional pace. For the past few decades, FTC administrative litigation of consumer protection matters has been quite rare, but until recently, there … Continue Reading

Auld Lang Syne 2021 – Significant Events of the Past Year

By Linda A. Goldstein, Daniel Kaufman, Amy Ralph Mudge and Randal M. Shaheen on January 4, 2022 Posted in Year in Review

Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked four of our partners to each select two interesting developments from the year. … Continue Reading

A Stumble out of the Section 19 FTC Gate

By Daniel Kaufman on December 13, 2021 Posted in FTC

As many of our readers know, the U.S. Supreme Court decision in AMG dramatically changed things with respect to the ability of the Federal Trade Commission (FTC) to obtain certain monetary remedies. A lot has been written and theorized about the FTC’s post-AMG strategies, but certainly Section 19 of the FTC Act was lined up … Continue Reading