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.
FTC Stops Internet Marketers’ Deceptive Free Trial Offers
The Federal Trade Commission’s has announced that it has halted the operation of a group of San Diego-based Internet marketers alleged to have deceptively advertised free trial offers and enrolled consumers in ongoing continuity plans without obtaining lawful consent. A federal court has froze assets and appointed an temporary receiver. The complaint states that the defendants market and sell a variety of products online,…
Read Article...Doing Business Online? Start With Security.
Federal Trade Commission Guidance and recent state legislation clearly set forth that reasonable and appropriate data security may depend upon the size and nature of one’s business. However, there are fundamental guidelines that apply across the board. Collection Collect only what is necessary. Never collect sensitive personal information that is not reasonably required. Not only…
Read Article...Federal Trade Commission and DOJ Enforcement
Both the Federal Trade Commission and the U.S. Department of Justice enforce U.S. antitrust laws. However, each has certain exclusive authority. The FTC is an independent regulatory agency led by five commissioners. The Department of Justice Antitrust Division operates under the U.S. Attorney General. DOJ investigations can be conducted by the DOJ’s criminal sections. The…
Read Article...FTC Law Firm on Order Shutting Down Revenge Porn Site
Federal Trade Commission law firm Hinch Newman LLP reports that the FTC and the state of Nevada have obtained a court order permanently shutting down a revenge porn website and ordering its operators to pay more than $2M following a finding that they violated state and federal law by posting intimate photos of individuals and…
Read Article...GDPR Consent and the Legitimate Interest Alternative
The European Union’s General Data Protection Regulation (GDPR) came into effect on May 25, 2018. With it, email inboxes continue to be flooded with updated privacy policy notices for U.S. companies subject to GDPR, requesting that recipients renew consent for marketing communications. Direct marketers that process the personal data or EU residents or are otherwise…
Read Article...FTC Settles Action Against Tech Support Scam Defendant
The FTC has announced that a settlement with an individual that will pay more than $100K and be permanently banned from offering tech support services. According to the FTC, the defendant provided substantial assistance to an India-based tech support scam in which purported technicians illegally obtain older consumers’ personal information without their permission while deceiving…
Read Article...
Please contact us at (212) 756-8777, via email to info@hinchnewman.com or via our Online Case Submission Form.