Advertising and Marketing
FTC Statement Regarding TikTok Complaint Referral to DOJ
By Richard B. Newman |
On June 18, 2024, the Federal Trade Commission released a statement regarding the agency’s referral to the Department of Justice a complaint against TikTok, the successor to Musical.ly, and its parent company ByteDance Ltd. The FTC’s investigation of these companies began in connection with its order compliance review of Musical.ly following a 2019 settlement with…
United States Sues Telehealth Providers and Executives
By Richard B. Newman |
On June 10, 2024, the U.S. Justice Department announced that together with the Federal Trade Commission, it filed an amended complaint against telehealth company Cerebral Inc., Cerebral’s founder and former Chief Executive Officer, Kyle Robertson; former Cerebral executive Alex Martelli; telehealth companies Zealthy Inc., Gronk Inc. and Bruno Health P.A. and an executive of those…
Federal Trade Commission Consumer Protection Investigation Procedures
By Richard B. Newman |
Investigatory procedures, including use of compulsory process, may be used by Federal Trade Commission (FTC) attorneys in connection with the spectrum of activities that the agency is authorized or required to carry out. For What Purposes May FTC Investigations be Carried Out? FTC Investigations may be conducted in connection with: law enforcement investigations adjudicatory or rulemaking…
Update for Lead Generators Concerning FTC’s New TSR Recordkeeping Rules
By Richard B. Newman |
As previously blogged about here, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. FTC Amendments to the Telemarketing Sales Rule The new recordkeeping requirements (have a limited exemption) are by-and-large required in order to assert a DNC safe…
Lead Generators Take Note: Court Rules Lead Buyer Vicariously Liable for Actions of Independent Contractors and Sub-Agents
By Richard B. Newman |
Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors and their sub-agents with whom Allstate had no contractual relationship. Case Background Plaintiff Robert Hossfield – a known TCPA plaintiff that…
FTC Impersonation Rule Now in Effect
By Richard B. Newman |
The rule gives the FTC stronger tools to combat those that impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking civil penalties The Federal Trade Commission’s new rule on government and business impersonation is now in effect. This new rule is particularly important given the Supreme Court’s April 2021 ruling in…