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.
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SCOTUS Brief Filed in Favor of Expansive Interpretation of ATDS
The Plaintiff in Facebook, Inc. v. Duguid has recently filed its merits brief on this issue of whether the Telephone Consumer Protection Act’s definition of “automatic telephone dialing system,” 47 U.S.C. § 227(a)(1), encompasses a device that can store and automatically dial telephone numbers without using a random or sequential number generator. The Supreme Court case…
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New York Dismisses Price Gouging Lawsuit Against Wholesaler
As previously discussed here by an FTC defense attorney, the Federal Trade Commission and state Attorneys General have enhanced the use of resources at their disposal to protect consumers in the midst of the COVID-19 crisis. Issues such as price gouging and unsubstantiated product efficacy claims sit atop the regulatory action list. The New York…
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Third Circuit Deals Blow to FTC Disgorgement Authority
As previously blogged about here, here, here and here, the FTC’s authority to seek monetary disgorgement in federal court may be on the ropes. Breaking News The Third Circuit has just issued an opinion in FTC v. AbbVie, Inc. holding that the FTC is not entitled to seek disgorgement under Section 13(b) of the FTC Act. In August 2019,…
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FTC Settles Charges Against Online Trading Academy Requiring Principals to Turn Over Millions in Cash and Assets
As previously blogged about here, providers of online training and business coaching programs have increasingly found themselves on the receiving end of unwanted Federal Trade Commission scrutiny. A recently announced settlement with Online Training Academy requiring its principals to turn over millions of dollars in cash and assets further illustrates the dangers of operating such…
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