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 Settles Charges Against Online Trading Academy Requiring Principals to Turn Over Millions in Cash and Assets
As previously blogged about here, providers of online training and business coaching programs have increasingly found themselves on the receiving end of unwanted Federal Trade Commission scrutiny. A recently announced settlement with Online Training Academy requiring its principals to turn over millions of dollars in cash and assets further illustrates the dangers of operating such…
Read Article...Richard Newman Authors Article for National Law Review on Supreme Court Decision to Rule on FTC Disgorgement Authority
FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “Supreme Court Decides to Rule on FTC’s Disgorgement Authority.” As previously blogged about here, the Supreme Court recently upheld the SEC’s disgorgement authority but imposed various limits, including the consideration of net profits and legitimate business expenses. The article examines…
Read Article...Richard B. Newman Quoted in Bloomberg Law on SCOTUS Decision in Liu and Implications on FTC Power to Take Money from Defendants
Richard B. Newman, an advertising practices and FTC defense attorney at Hinch Newman LLP, was quoted in a Bloomberg Law article on the highly anticipated decision by the U.S. Supreme Court in Liu v. SEC. On June 22, 2020, the Supreme Court held that the Securities and Exchange Commission can obtain disgorgement as a form…
Read Article...Richard Newman Authors Article for mThink on Supreme Court Limitation of Regulatory Disgorgement Remedy
FTC compliance and defense lawyer Richard B. Newman recently authored an article for mThink titled “Supreme Court Limits Regulatory Right to Disgorgement in Judicial Enforcement Actions.” The article examines the June 2020 Supreme Court opinion in Liu v. Securities and Exchange Commission. The article discusses how the Court rejected the Liu petitioners’ argument that the SEC…
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