Advertising and Marketing
Is Your Conduct a Violation of the Consumer Review Fairness Act?
By Richard B. Newman |
The Consumer Review Fairness Act passed both houses of Congress unanimously in December 2016. It has been effective since March 2017. The CFRA generally makes provisions of form contracts between sellers and individual consumers void from inception if the provisions: (i) prohibit or restrict individuals from reviewing sellers’ goods, services, or conduct; (ii) impose penalties…
Third Circuit Says No Monetary Disgorgement in Federal Court for FTC under Section 13(b)
By Richard B. Newman |
As previously blogged about here, here, here and here, the FTC’s authority to seek monetary disgorgement in federal court may be on the ropes. FTC Defense Practice: Breaking News The Third Circuit has just issued an opinion in FTC v. AbbVie, Inc. holding that the FTC is not entitled to seek disgorgement under Section 13(b) of the FTC…
Richard Newman Authors Update for NLR on Assault Upon FTC Enforcement Authority
By Richard B. Newman |
FTC compliance and defense lawyer Richard B. Newman recently authored an article for National Law Review titled “Update on the Assault Upon FTC Enforcement Authority: Monetary Disgorgement Challenges and Executive Direction to Reform Agency Operations.” The article examines the U.S. Supreme Court in Liu v. SEC, the limits placed upon the SEC’s ability to seek monetary…
FTC Testifies About Threats to Enforcement Authority at Hearing Before Senate Commerce Committee
By Richard B. Newman |
The Federal Trade Commission recently testified at an oversight hearing before the Senate Committee on Commerce, Science, and Transportation about the agency’s work to protect consumers and promote competition, including its efforts to combat frauds designed to take advantage of consumers during the COVID-19 pandemic. Testifying on behalf of the Commission, FTC Chairman Joseph Simons…
Richard Newman Authors Article for National Law Review on FTC Social Media Bot and Deceptive Advertising Congressional Report
By Richard B. Newman |
FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “FTC Reports to Congress on Social Media Bots and Deceptive Advertising.” On Jul 16, 2020, the Federal Trade Commission announced that it has sent a report to Congress on the use of social media bots in online advertising. The report summarizes…
Supreme Court Grants Certiorari: Will Determine Whether FTC Entitled to Seek Equitable Monetary Relief in the Form of Disgorgement
By Richard B. Newman |
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…