Litigation
Litigation refers to the process of resolving disputes by initiating legal action via the public court system. State courts are established by the laws of each state. Federal courts are established under the U.S. Constitution and have narrower jurisdiction that state courts. Regulatory litigation includes government plaintiff initiated actions that include, without limitation, allegations of unlawful marketing, advertising, cybersecurity and privacy practices.
FTC Sends Letters Warning 50 More Marketers to Cease Unsubstantiated COVID-19 Prevention Claims
The Federal Trade Commission announced it has sent letters warning 50 more marketers nationwide to immediately cease making unsubstantiated claims that their products and therapies can treat or prevent COVID-19. This is the fifth set of warning letters the FTC has announced as part of its ongoing efforts to protect consumers from health-related COVID-19 scams.…
Read Article...Second Circuit Weighs in on Definition of TCPA Autodialer
On April 7, 2020, the Second Circuit further muddied the Telephone Consumer Protection Act “automatic telephone dialing system” definition debate. In Duran v. LaBoom Disco, Inc., the Second Circuit split from recent Seventh and Eleventh Circuit decisions that aligned with the statutory language in requiring “random and sequential number generation.” Here, the Second Circuit held…
Read Article...Lead Generation Compliance 101
In what has become an annual event, the Federal Trade Commission has once again reminded the lead generation advertising ecosystems of the legal regulatory obligations. In a recent article published in Law360, the Director of the FTC’s Bureau of Consumer Protection first referenced a proposed FTC settlement with the operator of Colorado Technical University and…
Read Article...Federal Court Clips FTC Judicial Enforcement Wings
The Federal Trade Commission (FTC) actively uses its authority under Section 5 of the FTC Act and other consumer protection statutes to initiate enforcement actions against marketers in federal court based upon a broad range of unfair or deceptive conduct, including, but not limited to advertising practices. Under the FTC Act, the FTC can initiate…
Read Article...FTC Ad Lawyer Authors Article on Lead Generation Compliance for National Law Review
FTC Settlement Includes Lead Generation Compliance Warnings The FTC recently announced a $30M settlement with an operator of several post-secondary schools to resolve charges of deceptive lead generation activities. Lead generators and those that purchase leads from them should take note of their compliance responsibilities. The Allegations According to the FTC, Career Education Corporation, American…
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