FTC
FTC Halts Alleged Online “Free Trial” Subscription Scheme
By Richard B. Newman |
On May 8, 2020, the Federal Trade Commission announced that the operators of an alleged online subscription scheme agreed to settle charges that they tricked consumers out of more than $74.5 million by luring them with purported “free trial” offers for cosmetics and dietary supplements, then enrolling them in subscriptions and billing them without their…
FTC Stops Direct Mail Marketers’ Health Claims
By Richard B. Newman |
The marketers of three supplements called Neurocet, Regenify and Resetigen-D have settled a Federal Trade Commission compliant alleging they deceptively promoted their products to older Americans using false claims that their products could stop pain and treat age-related ailments. The complaint alleges that the defendants marketed their pills through magazine-style direct mailings and online. According to…
Proposed Privacy Bill Would Bolster FTC Enforcement Authority
By Richard B. Newman |
Legislation was recently introduced in the Senate that would significantly bolster the Federal Trade Commission’s authority to enforce privacy and data security laws, and preempt the patchwork of presently existing data privacy regimes. Intended to address those that utilize, process and benefit from consumer data in “unfair and deceptive ways,” the Consumer Data Privacy and…
Richard B. Newman Represents Developers in Precedent-Setting ‘Stalking’ App Case
By Richard B. Newman |
As reported by numerous media outlets, FTC defense attorney Richard B. Newman recently represented developers of so-called “stalking app” in the first-ever case of its kind in the United States. Following an aggressive Federal Trade Commission investigation (CID), the firm successfully resolved charges that the respondents’ products compromised the privacy and security of the consumer…
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.…
Seventh Circuit Deals Body Blow to FTC’s Enforcement Powers
By Richard B. Newman |
Section 13(b) requests for asset freezes, receiverships, and disgorgement may no longer be a slam dunk for the FTC. The Seventh Circuit has ruled that the Federal Trade Commission lacks authority to seek monetary relief from defendants in federal court. In doing so, it broke ranks with numerous circuits and long standing precedent. The appeal…