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FTC Updates (July 18-22, 2022)

By Tiffany Aguiar & Cheryl A. Falvey on July 26, 2022
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Federal Trade Commission

The FTC joined with the National Labor Relations Board in order to bolster efforts to protect workers against anticompetitive and unfair practices. It also announced a $25 million refund to U.S. and international consumers that were allegedly defrauded by a sweepstakes scheme. And for the first time in FTC history, the Commission brought an action under the Military Lending Act against a Jewelry company that allegedly mislead military families. These stories and more after the jump.

Tuesday, July 19, 2022

Bureau of Competition and Bureau of Consumer Protection: Office of Policy Planning

  • The FTC and National Labor Relations Board (NLRB) have joined in a Memorandum of Understanding that they expect to bolster the FTC’s efforts to protect workers by promoting competitive U.S. labor markets and ending unfair practices that harm workers. The agreement allows the FTC and NLRB to collaborate by sharing information, conducting cross-training for staff at each agency, and partnering on investigative efforts within each agency’s authority. The agreement expresses mutual interest for the two agencies, including (1) the extent and impact of labor market concentration; (2) the imposition of one-sided and restrictive contract provisions, such as noncompete and nondisclosure provisions; (3) labor market developments relating to the “gig economy” and other alternative work arrangements; (4) claims and disclosures about earnings and costs associated with gig and other work; (5) the impact of algorithmic decision-making on workers; (6) the ability of workers to act collectively; and (7) the classification and treatment of workers. The FTC has already cracked down on contract terms that it deemed anticompetitive and it has taken actions to address allegedly deceptive and unfair acts and practices aimed at workers, particularly those in the “gig economy”. We can expect to see additional actions in these and the other areas of mutual interest.

Bureau of Competition and Bureau of Consumer Protection: Online Advertising and Marketing, Lottery & Sweepstakes

  • The FTC announced that it is issuing $25 million to 244,745 U.S. and international consumers, with more than 2/3 going to American and Canadian consumers, who were allegedly defrauded by Next-Gen’s sweepstakes scheme. The FTC and the State of Missouri filed an action against Next-Gen, Inc., and other defendants, for allegedly sending mailers that falsely informed consumers that they had won or were likely to win a substantial cash prize, as much as $2 million, in exchange for a fee ranging from $9.00 to $139.99. Many consumers, including seniors, paid the defendants several times before realizing they had been scammed, according to the complaint.

Wednesday, July 20, 2022

Bureau of Consumer Protection: Deceptive/Misleading Conduct, Credit and Loan Offers

  • The FTC, along with 18 states, announced a lawsuit against Harris Jewelry, a national jewelry retailer, to stop the company from allegedly misleading military families with illicit financing and sales practices. The complaint alleges that Harris Jewelry’s actions violates (1) Sections 5(a) and 18 of the FTC Act; (2) the Truth In Lending Act and Regulation Z; (3) the Electronic Fund Transfer Act and Regulation E; (4) the Military Lending Act; and (5) various states’ UDAP laws. This is the FTC’s first action under the Military Lending Act. More specifically, the FTC alleges that Harris Jewelry (1) made false or unsubstantiated claims that financing jewelry purchases through the company would result in higher credit scores; (2) misrepresented that the protection plan was required to finance purchases; and (3) failed to provide written disclosures and meet authorization requirements for contracts as required by law. The proposed order includes injunctive and monetary relief. This action comes in the wake of the FTC’s Associate Director of the Division of Financial Practices, Malini Mithal’s, statement before the House Committee on Oversight and Reform Subcommittee on National Security. Associate Director Mithal pledged that the FTC “will continue to take action to protect servicemembers and the broader military community from fraud and related threats” and “will use every tool at [its] disposal to do so.”
Photo of Tiffany Aguiar Tiffany Aguiar
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Photo of Cheryl A. Falvey Cheryl A. Falvey

Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with…

Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with rapid response.

An experienced trial lawyer, and a former general counsel of the United States Consumer Product Safety Commission (CPSC), Cheri defends class actions, unfair competition, product liability and other mass tort claims arising out of consumer, occupational, and environmental exposures. She also provides brand and consumer protection counseling services, with a focus on product safety and security, including the Internet of Things; privacy; anti-counterfeiting; and digital media. Cheri represents a wide range of clients, from emerging companies to multinational Fortune 500 conglomerates.

Cheri is widely recognized as a leader in her field. She is one of an elite group of attorneys to be ranked in Chambers USA, Band 1 for Product Liability: Regulatory. She is highly regarded for her considerable experience advising clients on regulatory issues, including risk assessments, product recalls and CPSC investigations.

She represents clients on litigation and counseling matters regarding:

  • Compliance with statutes and regulations enforced by the CPSC, FDA, NHTSA, and the FTC.
  • Handles product recalls conducted in cooperation with NHTSA, CPSC, and FDA, and defends clients in agency enforcement actions seeking civil and criminal penalties.
  • Advises manufacturers faced with the potential release of unfair and inaccurate information by the government.
  • Counsels and defends clients on the sale and marketing of consumer products on the Internet, including compliance with the Children’s Online Privacy Protection Act, the FTC’s Green Guides, and state and federal privacy laws.

Prior to joining Crowell & Moring, Cheri served as the general counsel of the CPSC. In that capacity, she oversaw all federal court litigation, including civil and criminal cases referred by the Commission to the Department of Justice. Her tenure at the CPSC included advising the agency on the implementation of the Consumer Product Safety Improvement Act, a sweeping change to its statutes that had an impact across diverse industry sectors.

Cheri serves as Vice -chair of the American Bar Association’s Consumer Products Regulation Committee, Administrative Law & Regulatory Practice Section. She was named to the National Law Journal’s 2014 list of Governance, Risk & Compliance Trailblazers & Pioneers. Prior to joining the CPSC, Cheri had over 20 years of private practice experience as a partner with another international law firm where she chaired the firm’s D.C. litigation practice. Cheri is also a former member of Crowell & Moring’s Management Board.

Read more about Cheryl A. FalveyEmailCheryl's Linkedin Profile
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  • Posted in:
    Administrative and Regulatory, Antitrust, Competition and Trade
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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