FTC
Court Considers Measure of Damages in California CLRA Case for Deceptive “Made in USA” Claims
By Richard B. Newman |
A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc., without limitation, violated the Consumer Legal Remedies Act and misrepresented that the company’s tea products as were “Manufactured in the USA 100% American Family Owned” and “America’s Classic.” Here, consumers initiated…
FTC Proposes Changes to Business Opportunity Rule to Deter Deceptive Earnings Claims – Republican Commissioners Dissent
By Richard B. Newman |
On January 13, 2025, the Federal Trade Commission announced that it is seeking comment on proposed changes to the Business Opportunity Rule and a proposed new Earnings Claim Rule. According to the FTC, the two, taken together, “would strengthen the agency’s tools to curb deceptive earnings claims in industries where they are pervasive: multi-level marketing…
FCC Issues FAQs for Lead Generation One-to-One TCPA Consent Rule
By Richard B. Newman |
On December 23, 2024, the Federal Communications Commission issued FAQs: One-to-One Consent Rule for TCPA Prior Express Written Consent. What is the FCC’s New One-to-One Consent Rule In December 2023, the FCC adopted new rules in the Second Report and Order to combat unwanted and illegal telemarketing calls and texts, including a rule that closed…
FTC Scrutinizing Healthcare Lead Generators and Marketers as Open Enrollment Begins
By Richard B. Newman |
The Federal Trade Commission is closely scrutinizing the healthcare lead generation and marketing industry. On December 10, 2024, the Federal Trade Commission announced that it has sent warning letters to 21 companies that market or generate leads for healthcare plans. The letters were sent as open enrollment season for healthcare plans is ongoing. They provide guidance and…
FTC Announces Final “Click-to-Cancel” Recurring Subscriptions and Memberships Rule
By Richard B. Newman |
On October 16, 2024, the Federal Trade Commission announced sweeping changes to the Negative Option Rule. The final “click-to-cancel” rule will require sellers to make it as easy for consumers to cancel their enrollment as it was to sign-up. Most of the final rule’s provisions will go into effect 180 days after it is published in…
FTC Staff Issue Report on Multi-Level Marketing Income Disclosure Statements
By Richard B. Newman |
On Septemeber 4, 2024, the Federal Trade Commission announced that it has issued a report that details findings from a review of income disclosure statements from 70 different multi-level marketers (MLMs). Staff reviewed income disclosure statements in February 2023 that were publicly available on the websites of a wide array of MLMs, from large household names…