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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FTC Sends Letters Warning 50 More Marketers to Cease Unsubstantiated COVID-19 Prevention Claims
The Federal Trade Commission announced it has sent letters warning 50 more marketers nationwide to immediately cease making unsubstantiated claims that their products and therapies can treat or prevent COVID-19. This is the fifth set of warning letters the FTC has announced as part of its ongoing efforts to protect consumers from health-related COVID-19 scams.…
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Second Circuit Weighs in on Definition of TCPA Autodialer
On April 7, 2020, the Second Circuit further muddied the Telephone Consumer Protection Act “automatic telephone dialing system” definition debate. In Duran v. LaBoom Disco, Inc., the Second Circuit split from recent Seventh and Eleventh Circuit decisions that aligned with the statutory language in requiring “random and sequential number generation.” Here, the Second Circuit held…
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New York Proposes New Price Gouging Legislation
The New York Office of the Attorney General is actively investigating the advertising or offering for sale of necessary consumer goods at unconscionably excessive prices during the period of market disruption caused by the (COVID-19) outbreak. Necessary consumer goods include sanitizing and disinfecting products used to mitigate the spread of COVID-19. They also include necessities…
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FTC Calls for Review of Endorsement Guides
The Federal Trade Commission has recently announced that it is seeking public comment on whether to make changes to its Endorsement Guides as part of the FTC’s retrospective review of its rules and guides designed to ensure that they are up-to-date, effective and not overly burdensome. The Endorsement Guides provide guidance to marketers designed to…
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