FTC
FTC Grants Petition to Modify Online Tracking Order
By Richard B. Newman |
In August 2009, a final order was entered in a matter initiated by the Federal Trade Commission against Sears Holdings Management Corporation. According to the FTC, from 2007 through 2008 Sears utilized a downloadable software application that collected sensitive information from users without disclosing its data collection practices. In part, the order obligated Sears to…
Brain Supplement Manufacturer Seeks Judicial Confirmation Regarding Claim Substantiation
By Richard B. Newman |
Prevagen is a dietary supplement that purports to support healthy brain function. Its manufacturer, Quincy Bioscience, is requesting that a federal appeals court affirm a lower court’s recent decision to dismiss dismissing a deceptive advertising lawsuit filed against the company by the Federal Trade Commission and the New York Office of the Attorney General. The…
The FTC’s “Gut Check” Guide for Identifying Deceptive Weight Loss Claims
By Richard B. Newman |
The Federal Trade Commission consistently initiates investigations and enforcement actions designed to curb misleading claims for products promoting easy weight loss and slimmer bodies. In doing so, the FTC has provided guidance for advertisers and publishers of weight-loss claim “red flags” that are likely to draw the ire of a regulator. The guidance is entitled,…
FTC Commissioner Wants More Aggressive Penalties for Repeat Offenders
By Richard B. Newman |
The Federal Trade Commission’s enforcement program is designed to ensure that defendants under court order for FTC Act violations do not become repeat offenders. Rohit Chopra, a Trump appointee to the Federal Trade Commission, wants the agency to take a more aggressive stance. On May 11, 2018, Mr. Chopra issues an official statement declaring that “the credibility of…
FTC Enforcement Power Being Put to the Test
By Richard B. Newman |
The Federal Trade Commission has appealed to the U.S. Court of Appeals for the Third Circuit the dismissal by the Delaware U.S. District Court of the agency’s complaint against Shire ViroPharma Inc. The FTC previously charged Shire with violating Section 5(a) of the FTC Act by engaging in an unfair method of competition with respect…
MarketingProfs Publishes Article on B2B TSR Exemption by Telemarketing Compliance Lawyer Richard B. Newman
By Richard B. Newman |
On April 19, MarketingProfs published an article authored by telemarketing compliance attorney Richard B. Newman, entitled ‘The B2B Exemption to the Telemarketing Sales Rule.’ In the article, Richard discusses the FTC’s Telemarketing Sale Rule (TSR) and its key provisions, including disclosure obligations, prohibited misrepresentations, calling curfews, caller ID requirements, abandonment prohibitions, billing and payment restrictions, upsell requirements, pre-recorded message restrictions and…