by on 14th September 2018
FTC advertising compliance and defense lawyer Richard B. Newman was extensively quoted in Communications Daily in an article entitled “FTC Hearing Called Potential Turning Point.” The article addresses the Federal Trade Commission public hearings concerning whether broad-based changes in the economy, evolving business practices, new technologies and international developments might require adjustments to competition and consumer protection law, enforcement priorities and policy. “The tea leaves suggest an inflection point. Privacy and data use are at the forefront of the regulatory agenda, and the FTC has publicly stated that it wants more resources to accomplish its mission,” Newman stated. He added, “policies regarding technological developments, privacy and data security and the overlap between competition and consumer protection will get the most scrutiny.”
View the article, here.
The Federal Trade Commission has announced that that companies selling hockey pucks and recreational and outdoor equipment have agreed to cease making bogus “Made in USA” claims. According to the Commission, four related New York-based companies, and two commonly controlled California companies, falsely represented that all, or virtually all, products sold are made in the … Continue reading FTC Compliance Lawyer on Agency Settlement of Deceptive “Made in USA” Claims
What happens when one “called party” gives prior express consent to contact a certain number, and another doesn’t? Well, in Rodriguez v. Premier Bankcard (Ohio 2018), a husband provided a phone number to a finance company to contact him to discuss his account. The husband was the subscriber. His spouse was the purported sole user … Continue reading Spousal Consent Defeats TCPA Claim
Last month, the California legislature passed the California Internet Consumer Protection and Net Neutrality Act of 2018. The bill is in response to the Federal Communications Commission’s recent repeal of the February 2015 “Open Internet Order.” Oregon Vermont and Washington have also passed net neutrality legislation. Governors in Hawaii, New Jersey, New York, Montana, Rhode … Continue reading California Passes Net Neutrality Bill
In a case where the Federal Trade Commission is seeking almost $4M in damages, a federal court in California recently ruled in favor of defendant DIRECTV on its motion for partial summary judgment. The opinion provides guidance on how to properly structure negative option programs and deceptive advertising jurisprudence. In short, the agency alleges that … Continue reading Court Rules Against FTC in False Advertising Case