State AGs

What Advertisers, Ad Agencies and Review Sites Need to Know About the FTC’s Proposed Endorsement Guide Rule

The FTC’s Endorsement Guides are a roadmap about how the agency perceives marketing practices that involve endorsements and testimonials under Section 5 of the FTC Act.  To date, practices that do not comply with Guides often draw the attention of regulators, including the issuance of civil investigative demands and enforcement actions based upon alleged deceptive…

New York Attorney General and FTC Recover Millions for U.S. Servicemembers Allegedly Defrauded

New York Attorney General Letitia James and the Federal Trade Commission recently announced via a Stipulated Order the recovery of $34.2 million for more than 46,000 servicemembers and veterans that were alleged deceived and defrauded by national jewelry retailer, Harris Jewelry. The company allegedly used deceptive marketing tactics to lure active-duty servicemembers to their financing…

Is Your Conduct a Violation of the Consumer Review Fairness Act?

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…

Proposed Privacy Bill Would Bolster FTC Enforcement Authority

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…

Telemarketing Alert: New York’s Nuisance Call Act

In December 2019, New York Governor Andrew Cuomo signed legislation enacting the Nuisance Call Act. The Act closes a loophole in Do Not Call Registry that permitted live telemarketers to call those on the list. It requires live voice outbound telemarketers to provide consumers the option to be added to the seller’s DNC list. If…

New York Attorney Announces Conviction of Tech Firm and Former CEO for Securities Fraud

New York Attorney General Barbara D. Underwood recently announced the conviction and sentencing of Freevi Corp. (d/b/a Sungame Corp.) and its former Chief Executive Officer, both having pleaded guilty to grand larceny and securities fraud in connection with a scheme to steal millions from investors by soliciting investments in computer tablets. Both were sentenced to…