Internet Law
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…
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…
FTC Testifies About Threats to Enforcement Authority at Hearing Before Senate Commerce Committee
By Richard B. Newman |
The Federal Trade Commission recently testified at an oversight hearing before the Senate Committee on Commerce, Science, and Transportation about the agency’s work to protect consumers and promote competition, including its efforts to combat frauds designed to take advantage of consumers during the COVID-19 pandemic. Testifying on behalf of the Commission, FTC Chairman Joseph Simons…
Richard Newman Authors Article for National Law Review on FTC Social Media Bot and Deceptive Advertising Congressional Report
By Richard B. Newman |
FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “FTC Reports to Congress on Social Media Bots and Deceptive Advertising.” On Jul 16, 2020, the Federal Trade Commission announced that it has sent a report to Congress on the use of social media bots in online advertising. The report summarizes…