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FTC Obtains $16.7M Judgment Against Principals and Celebrity Endorsers of Real Estate Investment Training Program
By Richard B. Newman |
On May 22, 2023, the Federal Trade Commission announced that as a result of a lawsuit filed along with the Utah Division of Consumer Protection, the principals of a Utah-based real estate investment training company will pay $15 million and be banned from selling money-making opportunities under a court order they have agreed to. In…
Roundup of Recent Deceptive Pricing and False Sense of Urgency Lawsuits
By Richard B. Newman |
As discussed here, the FTC’s Deceptive Pricing Guides address different types of pricing representations. These include, without limitation, representations that a current price is a sales price or a discount from the former price, comparison prices and special prices based upon the purchase of other products (e.g., Buy-One-Get-One – “BOGO” offers). Generally speaking, advertisers must…
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…
Supreme Court Grants Certiorari: Will Determine Whether FTC Entitled to Seek Equitable Monetary Relief in the Form of Disgorgement
By Richard B. Newman |
FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “Supreme Court Decides to Rule on FTC’s Disgorgement Authority.” As previously blogged about here and here, the Supreme Court recently upheld the SEC’s disgorgement authority but imposed various limits, including the consideration of net profits and legitimate business expenses. The…
Congress Considers Federal Price Gouging Legislation
By Richard B. Newman |
As state Attorneys General and other government regulatory agencies ramp-up efforts to battle price-gouging during the COVID-19 pandemic, the House and Senate are now contemplating various proposals to address the problem during any declared state of emergency. The first is H.R. 6264. Sponsored by Rep. Jason Smith, the proposed bill tasks the Secretary of Health…
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…