FTC
FTC Settlement of Fake Review Campaign Illustrates Agency Recognition of Litigation Risk Under FTC Act
By Richard B. Newman |
As blogged about here and here, brands and intermediary agencies that they do business with are expected to train and monitor endorsers, utilize written social media policies, take appropriate remedial action and document all efforts to implement preventative advertising compliance measures, including those designed to ensure the clear and conspicuous disclosure of material connections between advertisers and…
FTC Urges Congress to Restore Section 13(b) of the FTC Act and Resurrect Penalty Offense Authority
By Richard B. Newman |
As blogged about here, the FTC’s authority to seek monetary disgorgement relief from defendants in federal court is under assault. Consequently, all five FTC Commissioners have recently forwarded a letter to the Chairs and Ranking Minority members of the Senate Commerce and House Energy & Commerce Committees urging the Committees to pass legislation that would…
FTC Update: SCOTUS to Decide Agency’s Monetary Restitution Enforcement Authority
By Richard B. Newman |
The Supreme Court has started its new term. FTC defense practitioners are watching closely as the Court is considering issues that may dramatically impact FTC CID investigations and enforcement actions, particularly whether Section 13(b) of the FTC Act impliedly authorizes courts to award the FTC equitable monetary relief. The Supreme Court Has Already Limited Disgorgement…
Is Your Conduct a Violation of the Consumer Review Fairness Act?
By Richard B. Newman |
The Consumer Review Fairness Act passed both houses of Congress unanimously in December 2016. It has been effective since March 2017. The CFRA generally makes provisions of form contracts between sellers and individual consumers void from inception if the provisions: (i) prohibit or restrict individuals from reviewing sellers’ goods, services, or conduct; (ii) impose penalties…
Third Circuit Says No Monetary Disgorgement in Federal Court for FTC under Section 13(b)
By Richard B. Newman |
As previously blogged about here, here, here and here, the FTC’s authority to seek monetary disgorgement in federal court may be on the ropes. FTC Defense Practice: Breaking News The Third Circuit has just issued an opinion in FTC v. AbbVie, Inc. holding that the FTC is not entitled to seek disgorgement under Section 13(b) of the FTC…
Richard Newman Authors Update for NLR on Assault Upon FTC Enforcement Authority
By Richard B. Newman |
FTC compliance and defense lawyer Richard B. Newman recently authored an article for National Law Review titled “Update on the Assault Upon FTC Enforcement Authority: Monetary Disgorgement Challenges and Executive Direction to Reform Agency Operations.” The article examines the U.S. Supreme Court in Liu v. SEC, the limits placed upon the SEC’s ability to seek monetary…