Enforcement Trends
Consumer protection law enforcement covers a multitude of legal regulatory matters initiated by federal and state agencies. Advertising and marketing-related enforcement action trends include developing issues that impact the litigation of alleged violations of unfair and deceptive trade practices statutes, such as Section 5 of the FTC Act.
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National Advertising Division Inquiry Into ‘Easy Cancelation’ Claims
The U.S. advertising industry founded the National Advertising Division (NAD) and the National Advertising Review Board as a a system of independent industry self-regulation to build consumer trust in advertising and support fair competition in the marketplace. NAD holds national advertising across all media types to high standards of truth and accuracy by reviewing truth-in-advertising…
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New York Attorney General and FTC Recover Millions for U.S. Servicemembers Allegedly Defrauded by National Jewelry Retailer
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…
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Use of Certain Technologies to Track Web Session Data May Violate Law
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc. (*not precedent except as…
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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…
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