FTC
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…
NYC Mayor Mamdani Signs Executive Orders to Stop Junk Fees and Subscription Tricks
By Richard B. Newman |
On January 5, 2025, NYC Mayor Zohran Mamdani, joined by Attorney General Letitia James, City Council Member Julie Menin, and DCWP Commissioner Sam Levine, announced that it has signed two executive orders: to combat businesses’ deceptive use of junk fees and crackdown on subscription tricks and traps that that drain money from New Yorkers and make…
Did Your Business Receive a CID? FTC Investigations are Going Strong
By Richard B. Newman |
When businesses know the rules of the road, they can confidently invest in new ventures, technologies, and products. According to the FTC, “[b]y offering clear and consistent rules of the road, legitimate businesses can comply with confidence. Businesses that choose not to comply, on the other hand, should know that the FTC’s robust anti-fraud program…
FTC Warns Businesses to Comply with the FTC Consumer Review Rule
By Richard B. Newman |
Consumers often rely on reviews to help them choose between everything from home repair companies to apartments to lawyers. When those reviews reflect honest feedback from real people who have actually used a product or service, the feedback can be invaluable. Reviews can also encourage people to take a chance on an unknown company or…