FTC

FTC Enforcement Power Being Put to the Test

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

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

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

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

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,…

You Received a CID from the FTC: FAQs for Internet Marketers

So you received a Civil Investigative Demand (CID) from the Federal Trade Commission related to a consumer protection matter. Now what? On January 19, 2018, Thomas B. Pahl, Acting Director, FTC Bureau of Consumer Protection provided responses to questions that the agency frequently hears from companies that have received CIDs in order to shed some…