Tag Archives: FTC

Lead Generation Leads to FTC Settlement

By Randal M. Shaheen and Amy Ralph Mudge on September 3, 2019 Posted in FTC

There is nothing particularly new about the idea of lead generation in marketing. Companies have from the very beginning paid their own employees or paid others to help find prospects for their goods and services. However, in today’s digital world and with the myriad different ways in which consumer information is gathered, the use of … Continue Reading

FTC Nursery Guides Go Bye-Bye but Not Without a Fight

By Amy Ralph Mudge and Randal M. Shaheen on June 10, 2019 Posted in FTC

We have practiced in the consumer protection space collectively for more than 50 years and have not once had occasion to consult the Federal Trade Commission’s (FTC or Commission) Nursery Guides. Perhaps then it is no surprise that the FTC has decided that after 40 years it was time to say goodbye to the guides. … Continue Reading

FTC MUSA Remedy Wars Continue

By Randal M. Shaheen and Amy Ralph Mudge on May 17, 2019 Posted in FTC

We recently wrote about the Federal Trade Commission’s (FTC’s) recent approval of a pair of Made in USA (MUSA) settlements. It is also worth noting that the approvals drew a statement and a dissent from the Commission’s Democrats and a concurrence from Chairman Simons. As is often now the case, the dispute made its way … Continue Reading

20 Years Young: The Maturing of COPPA in a Privacy-Conscious Age

By Carolina Alonso, Alan L. Friel, Amy Ralph Mudge and Taylor A. Bloom on April 30, 2019 Posted in Advertising, COPPA

We cover children’s privacy and advertising weekly. However, in light of COPPA’s recent 20th anniversary, and in the wake of CARU’s biggest-yet West Coast CARU conference, ADLaw has enlisted CARU super lawyer Katie Goldstein* to help us recap the past 2.5 decades of KIDlaw. 1998: A Concern for Children’s Privacy Was Born From the moment home … Continue Reading

COPPA Safe Harbor Hit by Storm

By Randal M. Shaheen and Amy Ralph Mudge on April 17, 2019 Posted in COPPA, FTC

Administrations come and administrations go, but the FTC and self-regulation have had a long-running love affair. But can there be too much of a good thing? The FTC has long been an enthusiastic cheerleader and active supporter of self-regulatory programs such as NAD. And the bloom doesn’t appear to be off that rose. However, a … Continue Reading

Supplement Sellers Beware

By Randal M. Shaheen and John P. Ferry on March 13, 2019 Posted in Dietary Supplements, FDA

Recognizing the rapid growth and penetration of dietary supplements into all demographics of American consumers, the Food and Drug Administration (FDA) is viewing at least some dietary supplements as belonging to “the Wild West,” and intends to be Wyatt Earp. Or supplements are the Wild Wild West and the FDA is Will Smith, if that’s … Continue Reading

Are Reports of the Federal Trade Commission’s Death Greatly Exaggerated?

By Randal M. Shaheen and Amy Ralph Mudge on March 5, 2019 Posted in FTC

The multiverse is abuzz about the recent Third Circuit ViroPharma decision and other like-minded courts that have placed significant limitations on the ability of the Federal Trade Commission to obtain an injunction in federal court against allegedly unlawful behavior that companies have already ceased. The FTC Act as originally written required that the agency bring … Continue Reading