Will FTC Penalties Under Section 5(m)(1)(B) Rise Again?

By Amy Ralph Mudge and Randal M. Shaheen on November 5, 2020 Posted in FTC

As we wait to see how the Supreme Court will rule on the FTC’s redress authority and whether the FTC will potentially be controlled by Republicans or Democrats for at least the next four years, it is worth noting that Commissioner Chopra and one of his attorney advisors has written an interesting draft paper advocating … Continue Reading

FTC Enforcement: What Is Equitable Relief?

By Randal M. Shaheen and John P. Ferry on October 5, 2020 Posted in FTC

All eyes remain on the Supreme Court and what, if any, changes the Court may make to the Federal Trade Commission’s (FTC’s) authority to seek consumer redress. Will the Court strip the FTC of that authority entirely? The Third Circuit’s recent decision in an antitrust matter suggests so. The circuit court held Section 13(b) of … Continue Reading

FTC Finally Strikes Gold With Made in USA Enforcement: Williams-Sonoma Agrees To Pay $1 Million in Consumer Redress

By Randal M. Shaheen and Amy Ralph Mudge on April 1, 2020 Posted in Advertising

In the past few months, a minority of the commissioners have called for the Federal Trade Commission (FTC or Commission) to take the heretofore unprecedented step of seeking consumer redress in Made in USA (MUSA) cases. (In the past such cases only involved money when penalties were imposed for violating an existing order). In a … Continue Reading