Featured

FTC Urges Congress to Restore Section 13(b) of the FTC Act and Resurrect Penalty Offense Authority

As blogged about here, the FTC’s authority to seek monetary disgorgement relief from defendants in federal court is under assault.  Consequently, all five FTC Commissioners have recently forwarded a letter to the Chairs and Ranking Minority members of the Senate Commerce and House Energy & Commerce Committees urging the Committees to pass legislation that would…

FTC Update: SCOTUS to Decide Agency’s Monetary Restitution Enforcement Authority

The Supreme Court has started its new term.  FTC defense practitioners are watching closely as the Court is considering issues that may dramatically impact FTC CID investigations and enforcement actions, particularly whether Section 13(b) of the FTC Act impliedly authorizes courts to award the FTC equitable monetary relief. The Supreme Court Has Already Limited Disgorgement…

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.…

You Received a CID from the FTC: FAQs for Internet Marketers

So you received a Civil Investigative Demand (CID) from the Federal Trade Commission related to a consumer protection matter. Now what? On January 19, 2018, Thomas B. Pahl, Acting Director, FTC Bureau of Consumer Protection provided responses to questions that the agency frequently hears from companies that have received CIDs in order to shed some…