FTC
FTC Sweep Against Internet Business Coaching Model Continues
By Richard B. Newman |
The Federal Trade Commission has announced that it has charged three individuals and nine businesses with generating more than $100M from thousands of consumers with an alleged fraudulent business education program called “My Online Business Education.” A federal court halted the scheme and froze the defendants’ assets at the FTC’s request. According to the Commission,…
Privacy and Data Security – FTC Loses Appeal Over Data Security Order
By Richard B. Newman |
The Federal Trade Commission (FTC) has been increasingly more aggressive in terms of privacy and data security investigations and enforcement for more than a decade. In 2013, the FTC sued LabMD alleging that lax data security practices had resulted in the exposure of sensitive information about thousands of consumers. LabMD denied wrongdoing and argued that…
Vermont’s New Data Broker Law
By Richard B. Newman |
On May 22, 2018, the State of Vermont enacted the country’s first data broker law. As set forth by the new law, a data broker is defined as “a business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of…
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,…