Consumer Protection
Consumer protection laws and regulations exist so that government agencies are able to protect the rights of consumers. The Federal Trade Commission’s Bureau of Consumer Protection is charged with enforcing and investigating (CIDs) unfair, deceptive and fraudulent business practices, and educating consumers about their rights.
FTC Rules With Monetary Penalties for Deceptive Earnings Claims and Targeted Marketing May Be On The Way
On February 10, 2022 the Federal Trade Commission announced that it intends to vote whether to issue an Advance Notice of Proposed Rulemaking on “deceptive earnings claims for business ventures, gig or other work opportunities, or educational, coaching or training offerings.” The vote is set to take place on February 17, 2022 at an open…
Read Article...The FTC, Lead Generation and Telemarketing Sales Rule Do Not Call Enforcement
The Federal Trade Commission continues to investigate and enforce violations of the Telemarketing Sales within the lead generation industry, including lead generators that “assist and facilitate” sellers or telemarketers that violate the TSR. Recent FTC Civil Investigative Demands to lead generators illustrate that the FTC may now be resurrecting the issue of the application of…
Read Article...Five Ad Claim Substantiation Mistakes Made by Digital Marketers
The Federal Trade Commission requires advertisers to possess a “reasonable basis” for express and implied claims. The failure to do so constitutes an unfair and deceptive act or practice in violation of Section 5 of the FTC Act. Substantiation is a key FTC enforcement priority. Advertisers should be intimately familiar with FTC substantiation investigation and…
Read Article...U.S. Supreme Court Halts FTC’s Ability to Obtain Ill-Gotten Gains
On April 21, 2020 in the matter of AMG Capital Management, the U.S. Supreme Court effectively made it more difficult for the Federal Trade Commission to force those that engage in deceptive business practices to return ill-gotten gains obtained from consumers. The unanimous ruling was written by Justice Stephen Breyer and is a victory of…
Read Article...FTC Announces New Rulemaking Group
On March 25, 2021, the Federal Trade Commission announced the creation of a new rulemaking group within the agency’s Office of the General Counsel. According to the FTC, the new structure will allow it to take a “strategic and harmonized approach to rulemaking across its different authorities and mission areas.” With this new group in…
Read Article...Virginia Passes Broad Consumer Data Protection Law
Much like other states that have followed California in passing data privacy legislation, Virginia has passed and signed into law the Virginia Consumer Data Protection Act. Similar to California’s CCPA, Virginia’s law builds upon fair information privacy principles. The law is intended to provide consumers with increased control over how their personal data is used.…
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