Advertising and Marketing

FTC Explores Environmental Claims and Civil Penalty Rulemakings

On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising. This follows an FTC announcement in December 2022 that the agency was seeking public comment on potential updates and changes to its ‘Green Guides’ for the use of environment marketing claims. …

FTC Obtains $16.7M Judgment Against Principals and Celebrity Endorsers of Real Estate Investment Training Program

On May 22, 2023, the Federal Trade Commission announced that as a result of a lawsuit filed along with the Utah Division of Consumer Protection, the principals of a Utah-based real estate investment training company will pay $15 million and be banned from selling money-making opportunities under a court order they have agreed to. In…

FTC Compliance and Defense Lawyer Discusses Existential Threat to Lead Generation Industry

As previously blogged about here, the FCC recently proposed a rule that would turn the lead generation on its head.  The proposed new rule goes quite a bit further than simply requiring wireless carriers to block texts from illegitimate numbers.  See more, here. In addition to carrier investigation and blocking obligations, as well as an extension of DNC…

FTC Continues Assault on Sham Charities and Fundraisers That Participate in the Deception

In 2018, the Federal Trade Commission announced “Operations Donate with Honor,” as law enforcers united to challenge deceptive fundraising. At the time, 54 Attorneys General from all 50 states, the District of Columbia, American Samoa, Guam, and Puerto Rico, and 16 additional state agencies that oversee charities joined forces to announce a coordinated effort to…

FTC Legal Regulatory Considerations for Ecommerce Investment Management Providers

The Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell certain kinds of ecommerce management, business coaching, work-from-home and investment programs. In late 2022, the Federal Trade Commission announced that it was exploring changes to the Business Opportunity Rule in order to broadly expand on…

Recent U.S. Supreme Court Ruling Further Erodes Traditional FTC Enforcement Authority

On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in federal court without having to slog their way through pre-enforcement administrative proceedings that many believe deprive defendants of due process. Axon Enterprise, Inc.…