Consumer Protection
Consumer protection laws and regulations exist so that government agencies are able to protect the rights of consumers. The Federal Trade Commission’s Bureau of Consumer Protection is charged with enforcing and investigating (CIDs) unfair, deceptive and fraudulent business practices, and educating consumers about their rights.
FTC Charges Stock Tip Website With Deceptive Advertising
The Federal Trade Commission has recently filed a lawsuit in Maryland federal court against subscription stock trade advice website Raging Bull. The FTC alleges that the company purports to offer market tips and COVID-10 “plays” but uses deceptive marketing tactics. Regulatory agencies, not just the FTC, have been particularly interested in advertising that unlawfully leverages COVID-19-related…
Read Article...Richard Newman Authors Article for Lead Generation World on What the Privacy Rights Act – CCPA on Steroids – Means for Lead Generators
FTC compliance and defense attorney Richard B. Newman recently authored an article for Lead Generation World titled “California Voters Pass the Privacy Rights Act – What “CCPA on Steroids” Means for Businesses and Consumers.” On November 3, 2020, California voters approved Proposition 24 – the California Privacy Rights Act of 2020 (“CPRA”). The CPRA amends and revises…
Read Article...SCOTUS Brief Filed in Favor of Expansive Interpretation of ATDS
The Plaintiff in Facebook, Inc. v. Duguid has recently filed its merits brief on this issue of whether the Telephone Consumer Protection Act’s definition of “automatic telephone dialing system,” 47 U.S.C. § 227(a)(1), encompasses a device that can store and automatically dial telephone numbers without using a random or sequential number generator. The Supreme Court case…
Read Article...New York Dismisses Price Gouging Lawsuit Against Wholesaler
As previously discussed here by an FTC defense attorney, the Federal Trade Commission and state Attorneys General have enhanced the use of resources at their disposal to protect consumers in the midst of the COVID-19 crisis. Issues such as price gouging and unsubstantiated product efficacy claims sit atop the regulatory action list. The New York…
Read Article...Third Circuit Deals Blow to FTC Disgorgement Authority
As previously blogged about here, here, here and here, the FTC’s authority to seek monetary disgorgement in federal court may be on the ropes. Breaking News The Third Circuit has just issued an opinion in FTC v. AbbVie, Inc. holding that the FTC is not entitled to seek disgorgement under Section 13(b) of the FTC Act. In August 2019,…
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