The Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers could regulate nearly every employer in the nation. If a final rule emerges from this proposal it could potentially prohibit non-disclosure, non-solicitation, and non-recruitment agreements and functional non-compete
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Two Firsts for FTC Civil Penalty Enforcement: ROSCA for Automatic Renewals and Penalty Offense Authority for Money-Making Claims
On Friday, the FTC announced what would ordinarily be an unremarkable enforcement action against a company for unsubstantiated earnings claims. The FTC alleges that WealthPress, an investment advice company purporting to offer training from experts on trading strategies, made a
New California Law Governing Commercial Co-Ventures Now (Partly) In Effect
Consumers increasingly want to feel good about their buying decisions and like-minded companies often look for ways to communicate how they align with consumers through “cause marketing” campaigns. One popular type of campaign – commonly called a “commercial co-venture” or
Using Domestically Sourced Recycled Content? Look Beyond the Recycling Process before Claiming It’s “Made in USA”
We periodically stumble across older FTC investigations that have new relevance, and post about them as reminders. That happened recently as we get more questions about the use of recycled content and the desire to tout U.S.-based manufacturing. Although the
FTC Proposes to Regulate Virtually Every Labor Relationship in the United States
Last week, the Federal Trade Commission revealed what it meant when it vowed to be more than an antitrust and consumer protection agency. It announced a proposal to regulate virtually every labor and service relationship in the United States and
CFPB Tackles Fine Print in Consumer Financial Contracts
Downloading an app, buying a product or service, or otherwise interacting with a company frequently requires consumers to consent to multi-page contracts. In a new proposed rule, the CFPB would require nonbank financial companies subject to the CFPB’s supervisory jurisdiction
Washington Attorney General Cracks Down on Fake Reviews
We have previously discussed the emphasis that the FTC has put on fake reviews throughout 2022, with proposed updates to the Endorsement Guides and a proposed rule to combat fake reviews in addition to enforcement efforts. State Attorneys General continue
Ana De Armas Fans Move Forward on False Advertising Suit
The 2019 movie Yesterday is about a world without the Beatles. The 2022 lawsuit over Yesterday is about a movie without Ana de Armas. Two fans who each paid $3.99 to rent the movie based on seeing the actress in
It May Be Time for TikTok to Change its Ways if State AGs Have Any Say
While State Attorneys General have been clear that social media companies are generally on their radar for a variety of consumer protection concerns, TikTok has been the latest to make headlines in recent weeks. For example, multiple states have banned
Two Epic Cases from the FTC: Spotlight on COPPA, Unfairness, Teens, Dark Patterns, In-App Purchases, Cancellations, and More
Just in time for the holidays, the FTC has released two companion settlements resolving allegations that Epic Games (maker of the popular video game Fortnite) violated the Children’s Online Protection Act (COPPA) and the FTC Act, with Epic to pay