Federal Trade Commission (FTC)
The U.S. Federal Trade Commission (FTC) enforces and investigates (Civil Investigative Demands) fraudulent, unfair and deceptive practices, as well as anticompetitive marketplace conduct. It possesses investigative authority pursuant to Sections 6, 9 and 20 of the FTC Act. Following an investigation, the FTC may initiate a consumer protection or antitrust enforcement action. The basic consumer protection statute enforced by the FTC is Section 5(a) of the FTC Act. Consumer protection laws are enforced by the Bureau of Consumer Protection. Antitrust laws are enforced by the Bureau of Competition.
Court Rules Against FTC in False Advertising Case
In a case where the Federal Trade Commission is seeking almost $4M in damages, a federal court in California recently ruled in favor of defendant DIRECTV on its motion for partial summary judgment. The opinion provides guidance on how to properly structure negative option programs and deceptive advertising jurisprudence. In short, the agency alleges that…
Read Article...New York Attorney General Provides Comments to FTC on Role of States in Consumer Protection
The New York Attorney General – as part of a bipartisan coalition of 29 Attorneys General – recently filed comments with the Federal Trade Commission highlighting role state Attorneys General play in consumer protection. In doing so, the NY OAG asked the FTC to include states in forthcoming policy discussions. In June, the Federal Trade…
Read Article...New York Law Journal Publishes Article by Richard Newman About FTC Focus on Influencer Disclosures
The New York Law Journal recently published an article (registration required) authored by Richard B. Newman. The article, “FTC Laser Focused on Paid Social Media Influencer Disclosures” addresses recent Federal Trade Commission investigation and enforcement of the FTC’s Endorsement Guides, including disclosure of material connections. The article also discusses how third-parties are potentially liable for the missteps of influencers, measures that should be…
Read Article...Cyberattack Compromised Reddit Database
According to a recent report, Reddit has informed its users that a hacker compromised some of its systems and accessed user data stored on a 2007 database that contained usernames, passwords and posts. The report states that the information was hashed for protection and that the company is in the process of informing users that…
Read Article...FTC Announces That it Has Halted Bogus Grants Operation
The Federal Trade Commission has announced that it has put a stop to the telemarketing operation of defendants that allegedly took millions of dollars from consumers – including elderly and disabled persons – seeking help with paying debts and personal expenses, such as credit card debts, medical bills and home repairs. According to the Commission,…
Read Article...FTC Announces Return of Money to Victims of Debt Collection Scheme
Last week, the Federal Trade Commission announced that it is mailing hundreds of checks totaling approximately $200,000 to U.S. consumers that were allegedly duped into paying bogus debts. FTC defense lawyer Richard B. Newman states that in October 2015, the Federal Trade Commission and the State of New York alleged that a group of defendants…
Read Article...
Please contact us at (212) 756-8777, via email to info@hinchnewman.com or via our Online Case Submission Form.