Internet Marketing Law Blog

Congress Considers Federal Price Gouging Legislation

As state Attorneys General and other government regulatory agencies ramp-up efforts to battle price-gouging during the COVID-19 pandemic, the House and Senate are now contemplating various proposals to address the problem during any declared state of emergency. The first is H.R. 6264. Sponsored by Rep. Jason Smith, the proposed bill tasks the Secretary of Health…

Telemarketing Alert: New York’s Nuisance Call Act

In December 2019, New York Governor Andrew Cuomo signed legislation enacting the Nuisance Call Act. The Act closes a loophole in Do Not Call Registry that permitted live telemarketers to call those on the list. It requires live voice outbound telemarketers to provide consumers the option to be added to the seller’s DNC list. If…

Richard B. Newman Represents Developers in Precedent-Setting ‘Stalking’ App Case

As reported by numerous media outlets, FTC defense attorney Richard B. Newman recently represented developers of so-called “stalking app” in the first-ever case of its kind in the United States. Following an aggressive Federal Trade Commission investigation (CID), the firm successfully resolved charges that the respondents’ products compromised the privacy and security of the consumer…

How To Make FTC Compliant U.S. Origin (Made in USA) Claims

The Federal Trade Commission possesses the authority to regulate U.S. origin (“Made in USA”) claims under Section 5 of the Federal Trade Commission Act. The FTC Act prohibits unfair or deceptive acts or practices. Objective advertising claims, including U.S. origin claims, must be truthful and substantiated. The FTC has actual guidelines for making lawful U.S.…

Seventh Circuit Deals Body Blow to FTC’s Enforcement Powers

Section 13(b) requests for asset freezes, receiverships, and disgorgement may no longer be a slam dunk for the FTC. The Seventh Circuit has ruled that the Federal Trade Commission lacks authority to seek monetary relief from defendants in federal court. In doing so, it broke ranks with numerous circuits and long standing precedent. The appeal…

FTC Announces Loot Box Consumer Protection Workshop

The Federal Trade Commission recently announced that it plans to hold a public workshop in August 2019 that will examine consumer protection issues related to video game “loot boxes.” What are Loot Boxes Loot boxes are in-game rewards players can purchase while playing a video game. They contain a random assortment of virtual items to…