- Our Blog
The conclusion of the three year transition period for Canada’s Anti-SPAM law is rapidly approaching. Provisions pertaining to a “private right of action” will soon become effective. The CAN-SPAM Act does not provide for a private right of action and does not regulate text messages. Conversely, any individual that receives an unsolicited commercial electronic message (e.g.
Acting FTC Chair Maureen Ohlhausen continues to reinforce her intent to ensure that the Commission will be focusing on consumer injury when the agency decides what cases to bring and what remedy to seek. “In every consumer protection case we bring, we must ensure that we seek and obtain for consumers relief that is tied to consumer injury,” said Ohlhausen recently.
Earlier this week, in cooperation with the Food and Drug Administration, the Federal Trade Commission circulated a consumer-focused reminder regarding dietary supplements. “Dietary supplements may seem like harmless health boosters. But while some have proven benefits, many don’t. Unlike drugs, dietary supplements aren’t evaluated or reviewed by FDA for safety and effectiven ...
According to a press release issued this week by the U.S. Justice Department’s Tax Division, three California residents were sentenced to prison for willfully failing to report secret foreign bank accounts located in Switzerland and Israel. According to the DOJ, the individuals willfully failed to file with the Department of Treasury Reports of Foreign Bank and Financial Acc ...
In the latest installment of the Federal Trade Commission’s core mission to protect consumers against unfair and deceptive trade practices, the Commission has settle charges against the marketers of a weight-loss system advertised as using “breakthrough technology” and “personalized supplements” to help consumers permanently lose “20 to 40+ pounds in 40 days” without significantly cutting calo.
The California Online Privacy Protection Act applies to any commercial website, online service or mobile application that collects personally identifiable information from individual consumers residing in California. The Act requires that privacy policies be conspicuously posted, or in the case of an operator of an online service, be made available via a reasonably accessible means.
On March 28, 2017, the Federal Trade Commission released its 2016 Annual Highlights. The Highlights demonstrate the agency’s ongoing efforts to protect consumers and promote competition over the past calendar year. “2016 was a historic year for the FTC. We obtained almost $12 billion in redress for consumers, and took action in more than a dozen merger cases to preserve comp ...
The Federal Trade Commission has filed a complaint against a group of online marketers, alleging that they deceived consumers with “free” and “risk-free” trials for access to various gadgets and online subscription services. According to the FTC, the defendants violated the FTC Act and the Restore Online Shoppers’ Confidence Act by asking people for their credit card informa ...
In 2012, Upromise, Inc. settled allegations that it violated the FTC Act by offering its users a “TurboSaver Toolbar” – a software download which purportedly “highlighted and identified” partner companies in online search results – without accurately disclosing the scope of its personal data collection practices Specifically, the FTC alleged that extensive information was un ...
Imposter scam complaints surpassed identity theft for the first time as the second most common category of consumer complaints received by the Federal Trade Commission’s Consumer Sentinel Network in 2016, according to the agency’s new Data Book. Debt collection complaints remained the top consumer complaint category.
Maureen Ohlhausen, a Republican on the Federal Trade Commission, has been appointed interim chair of the FTC by President Trump. Ohlhausen succeeds FTC Chair Edith Ramirez, who was sworn in as a commissioner in 2010 and is resigning effective February 10, 2017. Recently, amongst growing speculation, Ohlhausen provided some insight into the Commission’s consumer protection go ...
According to reports, the number of Do-Not-Call complaints in New York State has been steadily increasing. New Yorkers filed more than 228,900 Do-Not-Call complaints in 2014 and more than 241,658 complaints in 2015. Approximately 200,000 Do-Not-Call complaints were lodged by New Yorkers in the first six months of 2016. As a result, on December 1, 2016, Governor Andrew M.
PACEDm.com On September 23, 2016, a federal appeals court affirmed a lower court ruling that an online advertiser can be held liable for deceptive marketing content that it did not develop. By way of background, the LeadClick affiliate network connected third-party merchants with its affiliates to promote the former’s products.
PACEDm.com A complaint filed in July 2015 in the Southern District of New York alleged that, beginning in 2014, Sling Media began placing unsolicited advertisements next to streaming content transmissions being viewed by consumers, without first disclosing in the software license that it intended to do so.
PACEDm.com As previously discussed here, on September 15, 2016, the Federal Trade Commission will host a public workshop to examine and evaluate disclosures that marketers make to consumers about advertising claims and privacy practices, including data dissemination and tracking technologies. The workshop will delve into the effectiveness of disclosures to ensure consumers not ...
PACEDm.com Dietary supplements, herbal remedies, patches, creams, wraps and products rubbed into the skin are high-profile. Weight loss offers are among the most intensely scrutinized by local, state and federal regulators. Each website must be in substantial compliance based on the specific facts and nature of the advertising program.
PACEDm.com Warner Bros. Home Entertainment, Inc. has settled Federal Trade Commission charges that it deceived consumers during a marketing campaign for the video game Middle Earth: Shadow of Mordor, by failing to adequately disclose that it paid online “influencers” to post positive gameplay videos on YouTube and social media. Under a proposed FTC order, Warner Bros.
PACEDm.com On September 15, 2016, the Federal Trade Commission will host a public workshop to examine and evaluate disclosures that marketers make to consumers about advertising claims and privacy practices. Regulators have spent considerable resources addressing the issues of disclosures in recent years.
Trade secret misappropriation has traditionally been a matter of state law. Previously, the federal statute permitted only criminal or civil causes of action initiated by the U.S. Attorney General. However, on May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the “Act”), federalizing trade secrets law. The Act does not preempt state laws.
Share ! tweet In an earlier blog post, I discussed a recent SCOTUS ruling that defendants facing Telephone Consumer Protection Act lawsuits cannot escape a class action by making a settlement offer to individual plaintiffs (Gomez v. Campbell-Ewald). The decision continues to have significant ramifications.