Topic
Deceptive Practices
192 published works
Proskauer on Advertising Law
Supreme Court Curtails FTC Power to Seek Restitution in Court
By Lawrence Weinstein, Jeffrey Warshafsky, Jessica Griffith
A unanimous Supreme Court yesterday significantly curtailed the FTC’s ability to obtain the equitable monetary remedies of restitution and disgorgement of profits from entities accused of engaging in deceptive practices…
Antitrust Law Source
Strict liability applies to “deceptive conduct” under the catch-all provision of the Pennsylvania CPL
A divided Pennsylvania Supreme Court affirmed the Superior Court and held that the 1996 amended catch-all provision of the Pennsylvania Trade Practices and Consumer Protection Law (CPL) imposes strict liability. Writing for…
Consumer Finance Monitor
PA Supreme Court rules proof of defendant’s state of mind not required for deception claim under UTPCPL
The Pennsylvania Supreme Court issued its highly anticipated decision in Gregg v. Ameriprise Financial, Inc. at the end of last week. In 1996, the General Assembly amended the catchall provision…
Eye On Privacy
FTC Settles with Fertility Tracking App For Alleged Deceptive Data Sharing Practices
The FTC recently settled with Flo Health, Inc., a popular fertility-tracking app, based on promises made about how health data would be shared. In its complaint, the FTC alleged that…
Privacy World
FTC Settles Allegations of Deceptive Practices by Photo Storage App Provider
By Kristin Bryan, Angelo Carosio
Last week, the Federal Trade Commission (“FTC”) announced a proposed settlement with a developer of a photo storage app that allegedly deceived consumers in violation of the prohibition on unfair…
Privacy World
FTC Settles Allegations of Deceptive Practices by Photo Storage App Provider
Last week, the Federal Trade Commission (“FTC”) announced a proposed settlement with a developer of a photo storage app that allegedly deceived consumers in violation of the prohibition on unfair…
Privacy & Information Security Law Blog
FTC Announces Proposed Settlement with App Developer over Alleged Deceptive Practices
On January 11, 2021, the FTC announced that Everalbum, Inc. (“Everalbum”), developer of the “Ever” photo storage app, agreed to a settlement over allegations that the company deceived consumers about…
Religion Clause
West Virginia Supreme Court Exempts Religious Schools and Camps From Deceptive Practices Ban
In State of West Virginia ex rel. Morrisey v. Diocese of Wheeling-Charleston, (WV Sup. Ct., Nov. 16, 2020), the West Virginia Supreme Court held that the deceptive practices provisions of the…
Consumer Finance Monitor
CFPB alleges provider of short-term loans violated CFPA’S UDAAP prohibition in connection with deposit account program
On November 5, 2020, the CFPB named Driver Loan, LLC (“Driver Loan”) and its Chief Executive Officer as defendants in a two-count complaint filed in a Florida federal district court…
Legal Profession Blog
Almost Heaven
A decision issued yesterday by the West Virginia Supreme Court of Appeals absolves a defendant of claims of deceptive practices brought by the state Attorney GeneralThe Attorney General of West…