FTC
FTC Reminds Data Brokers Not to Provide PII to Foreign Adversaries
By Richard B. Newman |
On February 9, 2026, the Federal Trade Commission sent letters to various data brokers warning them of their responsibility to comply with the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFAA). PADFAA prohibits data brokers from selling, releasing, disclosing, or providing access to personally identifiable sensitive data about Americans to any foreign adversary,…
What Marketers Need to Know to Comply with FTC Consumer Review Rule Prohibition on Insider Consumer Reviews
By Richard B. Newman |
As previously covered here and here, the Federal Trade Commission has recently warned businesses to comply with the FTC Consumer Review Rule. On December 22, 2025, the FTC announced that it sent warning letters to alert a number of companies of potential violations of the Rule on the Use of Consumer Reviews and Testimonials (the…
5 Star Intel: FTC and State AGs Investigating Fake Google and Yelp Reviews
By Richard B. Newman |
The Federal Trade Commission and State Attorneys General are aggressively investigating the use of fake or false consumer reviews and testimonials – including AI-generated reviews – on consumer review platforms like Google and Yelp. At both a federal and state level, regulatory agencies are seeking harsh monetary civil penalties and damages against violators of applicable…
FTC Authority to Seek Broad Injunctive Relief for Deceptive Fee Disclosures Affirmed by Federal Court
By Richard B. Newman |
In January 2026, an U.S. Court of Appeals for the Eleventh Circuit unanimously upheld a federal district court’s summary judgment ruling in favor of the Federal Trade Commission relating to advertising disclosure practices. In doing so, the court cited “overwhelming” evidence of unfair and deceptive acts and practices. By way of background, in 2019 FTC…
How To Make FTC Compliant U.S. Origin (Made in USA) Claims
By Richard B. Newman |
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.…
FTC “Means and Instrumentalities” Liability Takes a Hit
By Richard B. Newman |
The Federal Trade Commission utilizes a number of remedial theories when attempting to hold a bad actor liable for the actions of a third party. One such theory is known as “means and instrumentalities” liability, where a bad actor can potentially be liable if it provides others with the “means and instrumentalities” for engaging in…