State AGs
FTC Continues Assault on Sham Charities and Fundraisers That Participate in the Deception
By Richard B. Newman |
In 2018, the Federal Trade Commission announced “Operations Donate with Honor,” as law enforcers united to challenge deceptive fundraising. At the time, 54 Attorneys General from all 50 states, the District of Columbia, American Samoa, Guam, and Puerto Rico, and 16 additional state agencies that oversee charities joined forces to announce a coordinated effort to…
FTC Legal Regulatory Considerations for Ecommerce Investment Management Providers
By Richard B. Newman |
The Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell certain kinds of ecommerce management, business coaching, work-from-home and investment programs. In late 2022, the Federal Trade Commission announced that it was exploring changes to the Business Opportunity Rule in order to broadly expand on…
Richard Newman Authors Article for JD Supra on Potential Changes to FTC Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce and Investment Opportunities
By Richard B. Newman |
FTC defense attorney Richard B. Newman recently authored an article for JD Supra titled “FTC Compliance Attorney Foreshadows Evolving Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce and Investment Opportunities.” The article examines the responsibilities of “covered sellers,” the “Disclosure Document, “the Earnings Claim Statement,” tips for complying with the Biz…
What Advertisers, Ad Agencies and Review Sites Need to Know About the FTC’s Proposed Endorsement Guide Rule
By Richard B. Newman |
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
By Richard B. Newman |
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?
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…
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