Marketing & Advertising
The Internet connects marketers to customers across the country and around the world. The general principles of advertising law apply online, regardless of the existence of space constrained screens and social media platforms. The FTC Act’s prohibition on “unfair or deceptive acts or practices” encompasses online advertising, marketing, and sale.
U.S. Supreme Court Halts FTC’s Ability to Obtain Ill-Gotten Gains
On April 21, 2020 in the matter of AMG Capital Management, the U.S. Supreme Court effectively made it more difficult for the Federal Trade Commission to force those that engage in deceptive business practices to return ill-gotten gains obtained from consumers. The unanimous ruling was written by Justice Stephen Breyer and is a victory of…
Read Article...FTC Announces New Rulemaking Group
On March 25, 2021, the Federal Trade Commission announced the creation of a new rulemaking group within the agency’s Office of the General Counsel. According to the FTC, the new structure will allow it to take a “strategic and harmonized approach to rulemaking across its different authorities and mission areas.” With this new group in…
Read Article...Virginia Passes Broad Consumer Data Protection Law
Much like other states that have followed California in passing data privacy legislation, Virginia has passed and signed into law the Virginia Consumer Data Protection Act. Similar to California’s CCPA, Virginia’s law builds upon fair information privacy principles. The law is intended to provide consumers with increased control over how their personal data is used.…
Read Article...New York’s New Automatic Renewal Law
On February 9, 2021, SB 1475 – New York’s new automatic renewal law – became effective. New York has now joined numerous states that have enacted similar law related to automatic renewal plans and continuity services, including California. Prior to enactment of SB 1745, New York’s ARL – N.Y. Gen. Oblig. Law § 5-903 –…
Read Article...Supreme Court References Plain Language of FTC Act Section 13(b) During Oral Argument
As previously blogged about here, here and here, the FTC’s remedial authority is under attack. Recently, the Supreme Court has heard long-awaited oral arguments in the AMG Capital Management, LLC v. Federal Trade Commission matter. The issue in AMG is whether the FTC is statutorily entitled to use Section 13(b) of the FTC Act to…
Read Article...FTC Charges Stock Tip Website With Deceptive Advertising
The Federal Trade Commission has recently filed a lawsuit in Maryland federal court against subscription stock trade advice website Raging Bull. The FTC alleges that the company purports to offer market tips and COVID-10 “plays” but uses deceptive marketing tactics. Regulatory agencies, not just the FTC, have been particularly interested in advertising that unlawfully leverages COVID-19-related…
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