FTC
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…
FTC Approves Final Settlement Regarding Deceptive “Made in USA” Claims
By Richard B. Newman |
The Federal Trade Commission recently announced the approval of a final consent order settling charges that Pennsylvania-based Bollman Hat Company has agreed to stop deceptive use of its “American Made Matters” certification and marketing materials. First announced in January 2018, the FTC’s complaint against Bollman Hat Company and its wholly-owned subsidiary, SaveAnAmericanJob, LLC, alleges that Bollman…
FTC and CFPB Summarize FDCPA Related Efforts
By Richard B. Newman |
The Consumer Financial Protection Bureau (Bureau) and the Federal Trade Commission (FTC) reported on their 2017 activities to combat illegal debt collection practices. The annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA) details the agencies’ efforts to stop unlawful debt collection practices, including vigorous law enforcement, education and…
Native Advertising Institute Features Internet Law Attorney Richard B. Newman on Native Advertising Disclosures
By Richard B. Newman |
On January 22, 2018, Native Advertising Institute featured an article written by Internet law attorney Richard B. Newman that discusses the Federal Trade Commission’s recently released staff report summarizing agency-commissioned research from 2014-2015. The article discusses the exploration of consumer recognition of paid search advertising and “native advertising” that resemble news, feature articles, product reviews,…