Enforcement Trends
Consumer protection law enforcement covers a multitude of legal regulatory matters initiated by federal and state agencies. Advertising and marketing-related enforcement action trends include developing issues that impact the litigation of alleged violations of unfair and deceptive trade practices statutes, such as Section 5 of the FTC Act.
The FTC, CIDs and Tolling Agreements
The Federal Trade Commission Bureau of Consumer Protection welcomes an open dialogue with parties cooperating with its investigations. According to FTC attorneys, such dialogue allows the agency to make more informed decisions on whether to recommend an enforcement action and, if so, whether such an action can be resolved without the need for protracted litigation.…
Read Article...Hinch Newman Included on Prestigious List of 2023 Most Popular Reads
On December 28, 2023, JD Supra, a leading source of legal intelligence, announced its “Spotlight on: The FCC – 2023 Popular Reads.” The Spotlight includes a recap of some of the most widely read FCC-related updates, analysis and commentary published on JD Supra throughout 2023. The January 2023 article authored by Richard B. Newman entitled…
Read Article...FCC ADOPTS NEW RULE TO CLOSE THE LEAD GENERATOR ROBOCALL AND ROBOTEXTS LOOPHOLE
On December 13, 2023, the Federal Communications Commission adopted new rules designed to protect consumers from “scam communications” by directly addressing some of the “biggest vulnerabilities” in America’s robotext defenses and closing the “lead generator” robocall/robotexts loophole. The new rules allow blocking of “red flagged” robotexting numbers, codifies Do-Not-Call rules for texting, and encourages an…
Read Article...Richard B. Newman Quoted in Cybersecurity Law Report on Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations
FTC advertising compliance and defense lawyer Richard B. Newman was recently quoted in an article for Cybersecurity Law Report titled “Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations.” The article discusses the FTC’s recent privacy enforcement run and how it reinforces regulators’ expanding expectations for companies using video and audio recordings, smart…
Read Article...FTC Explores Environmental Claims and Pending Civil Penalty Implementing Rulemakings
On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising. This follows an FTC announcement in December 2022 that the agency was seeking public comment on potential updates and changes to its ‘Green Guides’ for the use of environment marketing claims. …
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