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.
Second Circuit Weighs in on Definition of TCPA Autodialer
On April 7, 2020, the Second Circuit further muddied the Telephone Consumer Protection Act “automatic telephone dialing system” definition debate. In Duran v. LaBoom Disco, Inc., the Second Circuit split from recent Seventh and Eleventh Circuit decisions that aligned with the statutory language in requiring “random and sequential number generation.” Here, the Second Circuit held…
Read Article...New York Proposes New Price Gouging Legislation
The New York Office of the Attorney General is actively investigating the advertising or offering for sale of necessary consumer goods at unconscionably excessive prices during the period of market disruption caused by the (COVID-19) outbreak. Necessary consumer goods include sanitizing and disinfecting products used to mitigate the spread of COVID-19. They also include necessities…
Read Article...FTC Calls for Review of Endorsement Guides
The Federal Trade Commission has recently announced that it is seeking public comment on whether to make changes to its Endorsement Guides as part of the FTC’s retrospective review of its rules and guides designed to ensure that they are up-to-date, effective and not overly burdensome. The Endorsement Guides provide guidance to marketers designed to…
Read Article...Lead Generation Compliance 101
In what has become an annual event, the Federal Trade Commission has once again reminded the lead generation advertising ecosystems of the legal regulatory obligations. In a recent article published in Law360, the Director of the FTC’s Bureau of Consumer Protection first referenced a proposed FTC settlement with the operator of Colorado Technical University and…
Read Article...NYC Department of Consumer Affairs (DCA) Changes Name to New York City Department of Consumer and Worker Protection
The New York City Department of Consumer Affairs (DCA) was created following passage of consumer protection laws designed to protect consumers from deceptive business practices. The New York City Department of Consumer Affairs recently changed its name to the New York City Department of Consumer and Worker Protection (DCWP). History of the New York City…
Read Article...Hinch Newman Quoted by Bloomberg on Crypto Exchanges
FTC compliance and defense attorney Richard Newman was recently quoted by Bloomberg News in an article entitled “Crypto Exchanges Step Up Customer Bounties as Volume Falls.” The article discusses the cryptocurrency exchange operational, legal and regulatory related issues. “Crypto referral programs are potentially lawful if, without limitation, there are truthful and accurate disclosures, compensation is…
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