As the dust settles from the Supreme Court’s decision in AMG Capital Management, LLC v. FTC, 141 S. Ct. 1341 (2021), which gutted the Federal Trade Commission’s authority to obtain equitable monetary relief in court, the contours of the FTC’s
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The CFPB Joins the FTC on Negative Option Marketing and Dark Patterns in New Circular
When it comes to negative options, the CFPB has strong opinions. As demonstrated in its new circular, these opinions generally align with those of the Federal Trade Commission (FTC), which has repeatedly targeted trial offers, subscription sales, and other…
FTC Brings the Heat on Pyrex Manufacturer’s “Made in USA” Claims for Products Made in China
Last week the Federal Trade Commission (FTC) announced it had issued a complaint and proposed consent order against Instant Brands LLC for allegedly marketing products as “Made in the USA,” when they were actually made in China. Instant Brands, which…
Telemarketing Lead Generators: How Many “Marketing Partners” Is Too Many?
For years, lead generators have obtained telephone numbers for their clients to call by obtaining the consumer’s consent to receive calls from certain entities specifically identified by the lead generator. A typical model uses language that asks for the consumer’s…
FCC Planning New Rules to Streamline Satellites and Earth Station Applications
By Laura Stefani & Peter Kim
At the tail end of 2022, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposals to streamline the processing of satellite and Earth station applications under Part 25 of its rules. FCC Chairwoman…
And Happy New Year to You, Too: FTC Adjusts Maximum Civil Penalty Amounts
Like clockwork, the Federal Trade Commission (FTC) has issued its Adjustments to Civil Penalty Amounts for 2023. As instructed by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the FTC and other similarly situated federal agencies ring…
Florida Court Dismisses Telemarketing Claims for Failure to Plead Injury; Plaintiff Appeals to Eleventh Circuit
Courts continue to grapple with issues surrounding Florida’s Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III.
In December, the saga continued, with a federal court…
FCC Clarifies Express Written Consent Requirement for Exempt Callers under TCPA and TRACED Act
On December 27, 2022, the Federal Communications Commission (FCC) released an Order on Reconsideration and Declaratory Ruling clarifying the express consent requirements for calls placed to residential landlines under the Telephone Consumer Protection Act (TCPA) and the Telephone Robocall Abuse…
FTC Announces Health Products Compliance Guidance
On December 20th, 2022, the Federal Trade Commission published new guidance regarding claims about the benefits and safety of health-related products: Health Products Compliance Guidance. This guidance replaces the Commission’s previous guidance, Dietary Supplements: An Advertising Guide for Industry,…
Ready, Aim, Fire: FTC Scores Record-Breaking $520 Million Settlement with Fortnite Creator Epic Games
This week the Federal Trade Commission unveiled hefty settlements with Epic Games Inc.—the creator of the video game Fortnite—to resolve separate actions alleging violations of Section 5 of the FTC Act and the Children’s Online Privacy Protection Act (COPPA), respectively.…