Tag Archives: FTC

FTC Enforcement: What Is Equitable Relief?

Randal M. ShaheenJohn P. FerryBy Randal M. Shaheen and John P. Ferry on 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

Beware of Dark Patterns

Randal M. ShaheenAmy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on Posted in Advertising
Yoda cautioned Luke Skywalker to beware of the Dark Side. In The Golden Compass, we were told to beware of dark materials. For those old enough to remember, the town of Collinsport was told to beware of Barnabas Collins, who lurked in Dark Shadows. And little kids in general are just plain scared of the … Continue Reading

No More Blurry Searches: 1-800 Contacts Settles Class Action Lawsuit Alleging Search Term Restraints

Darley MawAnn O'BrienBy Darley Maw and Ann O'Brien on Posted in Class Actions
Last week, mega-online retailer 1-800 Contacts settled claims brought by a class action suit in the Central District of Utah alleging that the company was the mastermind of a scheme to prevent competition in the online contact lens market. The plaintiffs, consumer purchasers of contact lenses, alleged that 1-800 Contacts coerced some of its competitors … Continue Reading

When Your ‘Looks’ Are Late: FTC Settles With Online Fashion Retailer Over Alleged Mail Order Rule Violations

Linda A. GoldsteinMatthew RenickBy Linda A. Goldstein and Matthew Renick on Posted in FTC
Online retailers are well aware of how the promise of quick delivery can influence consumer purchasing decisions. Especially in times like these, when delivery times have slowed for many companies, marketers might be even more tempted to promise fast delivery as a way to entice consumers to place an order. A recent enforcement by the … Continue Reading

FTC Case Against Rent to Own Company Airs Differences Over Redress, Individual Liability and ROSCA

Randal M. ShaheenAmy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on Posted in FTC
The Rent to Own industry has been a frequent target of Federal Trade Commission (FTC or Commission) action. While the industry notes that it provides an ownership option for consumers who are unable to pay up front and who may not qualify for traditional credit, critics point to the fact that the final cost of … Continue Reading

Commissioner Wilson Weighs In on FTC Priorities

Randal M. ShaheenAmy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on Posted in FTC
We have blogged quite a bit about efforts by one or both of the Federal Trade Commission’s (FTC or Commission) Democratic commissioners to push the Commission into a more enforcement-minded posture and to think creatively and expansively about the enforcement tools the Commission has at its disposal. Thus it seems appropriate to give equal time … Continue Reading

Regulators Issue Warning: These Products Cannot Treat Coronavirus

Amy Ralph MudgeMatthew RenickBy Amy Ralph Mudge and Matthew Renick on Posted in FTC
Last week at our #BakerDigitalForum (BakerHostetler’s forum on advertising, e-commerce, data privacy & security law) we heard from Richard Cleland, assistant director, Advertising Practices, for the Federal Trade Commission (FTC)’s Bureau of Consumer Protection. He informed attendees that the FTC’s priorities often come from the headlines, citing COVID-19 as the first example of current events … Continue Reading

The FTC, AI and Algorithms

Randal M. ShaheenAmy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on Posted in FTC
If you got past the title to this point, congratulations – not sure that we would have. In exchange for your trust, we promise to try to address a complicated and fascinating subject in a relatively clear manner. That’s pretty much what Commissioner Rebecca Slaughter of the Federal Trade Commission (FTC) did in a recent … Continue Reading

FTC on Influencers and Consumer Reviews from the NAD Conference

Matthew RenickBy Matthew Renick on Posted in Advertising, FTC
Earlier this week at the National Advertising Division (NAD) annual advertising law conference, Mamie Kresses, a senior attorney in the Bureau of Consumer Protection, Advertising Practices division at the Federal Trade Commission (FTC), offered her views on influencers and consumer reviews, two topics near and dear to our hearts. We wanted to share some key … Continue Reading

Are Made in USA Chickens Worthless? These and Other Deep Questions from the FTC’s Made in USA Workshop

Amy Ralph MudgeRandal M. ShaheenBy Amy Ralph Mudge and Randal M. Shaheen on Posted in FTC
Today the Federal Trade Commission (FTC) hosted a half-day workshop looking at Made in USA claims and the FTC’s guidance and enforcement. For those who want to watch “all or substantially all” of the event, the videos and materials can be accessed here. Some highlights and suggested next steps are below. By way of general background, … Continue Reading

Lead Generation Leads to FTC Settlement

Randal M. ShaheenAmy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on 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 MUSA Remedy Wars Continue

Randal M. ShaheenAmy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on 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

Carolina AlonsoAlan L. FrielAmy Ralph MudgeTaylor A. BloomBy Carolina Alonso, Alan L. Friel, Amy Ralph Mudge and Taylor A. Bloom on 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

Randal M. ShaheenAmy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on 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

What’s In the Box? FTC Solicits Public Comments Regarding Video Game Loot Boxes Amidst Uncertainty

Carolina AlonsoAmy Ralph MudgeMelinda L. McLellanBy Carolina Alonso, Amy Ralph Mudge and Melinda L. McLellan on Posted in FTC, Gaming
Imagine you are playing golf, badly, and at the fourth hole a caddy appears out of nowhere with a large box and an offer. In exchange for $20, you can open the box, which may contain high-tech clubs to improve your game, fashionable new gloves or a voucher for a free round. Perhaps you hesitate, … Continue Reading

Supplement Sellers Beware

Randal M. ShaheenJohn P. FerryBy Randal M. Shaheen and John P. Ferry on 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?

Randal M. ShaheenAmy Ralph MudgeBy Randal M. Shaheen and Amy Ralph Mudge on 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
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