Internet Marketing Law Blog

Supreme Court Grants Certiorari: Will Determine Whether FTC Entitled to Seek Equitable Monetary Relief in the Form of Disgorgement

FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “Supreme Court Decides to Rule on FTC’s Disgorgement Authority.” As previously blogged about here and here, the Supreme Court recently upheld the SEC’s disgorgement authority but imposed various limits, including the consideration of net profits and legitimate business expenses. The…

Richard B. Newman Quoted in Bloomberg Law on How SCOTUS Decision in Liu May Have Significant Implications on the FTC’s Monetary Disgorgement Power

Richard B. Newman, an advertising practices and FTC defense attorney at Hinch Newman LLP, was quoted in a Bloomberg Law article on the highly anticipated decision by the U.S. Supreme Court in Liu v. SEC. On June 22, 2020, the Supreme Court held that the Securities and Exchange Commission can obtain disgorgement as a form…

Supreme Court Considers Viability of Disgorgement as Regulatory Remedial Weapon

FTC compliance and defense attorney Richard B. Newman authored an article for the National Law Review titled “All Eyes on Liu as Supreme Court Considers Whether to Restrict Disgorgement as a Regulatory Enforcement Remedy.” The article examines the Supreme Court case of Liu v. Securities and Exchange Commission where the Court is presently considering whether the SEC may seek…

FTC Halts Alleged Online “Free Trial” Subscription Scheme

On May 8, 2020, the Federal Trade Commission announced that the operators of an alleged  online subscription scheme agreed to settle charges that they tricked consumers out of more than $74.5 million by luring them with purported “free trial” offers for cosmetics and dietary supplements, then enrolling them in subscriptions and billing them without their…

FTC Stops Direct Mail Marketers’ Health Claims

The marketers of three supplements called Neurocet, Regenify and Resetigen-D have settled a Federal Trade Commission compliant alleging they deceptively promoted their products to older Americans using false claims that their products could stop pain and treat age-related ailments. The complaint alleges that the defendants marketed their pills through magazine-style direct mailings and online. According to…

Proposed Privacy Bill Would Bolster FTC Enforcement Authority

Legislation was recently introduced in the Senate that would significantly bolster the Federal Trade Commission’s authority to enforce privacy and data security laws, and preempt the patchwork of presently existing data privacy regimes. Intended to address those that utilize, process and benefit from consumer data in “unfair and deceptive ways,” the Consumer Data Privacy and…