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.
Lead Generation Compliance 101
In what has become an annual event, the Federal Trade Commission has once again reminded the lead generation advertising ecosystems of the legal regulatory obligations. In a recent article published in Law360, the Director of the FTC’s Bureau of Consumer Protection first referenced a proposed FTC settlement with the operator of Colorado Technical University and…
Read Article...Federal Court Clips FTC Judicial Enforcement Wings
The Federal Trade Commission (FTC) actively uses its authority under Section 5 of the FTC Act and other consumer protection statutes to initiate enforcement actions against marketers in federal court based upon a broad range of unfair or deceptive conduct, including, but not limited to advertising practices. Under the FTC Act, the FTC can initiate…
Read Article...FTC Ad Lawyer Authors Article on Lead Generation Compliance for National Law Review
FTC Settlement Includes Lead Generation Compliance Warnings The FTC recently announced a $30M settlement with an operator of several post-secondary schools to resolve charges of deceptive lead generation activities. Lead generators and those that purchase leads from them should take note of their compliance responsibilities. The Allegations According to the FTC, Career Education Corporation, American…
Read Article...FTC to Hold ‘Made in USA’ Advertising Claim Workshop
U.S. – Origin Claims Workshop The FTC has announced a forthcoming workshop to review research on consumer perception of U.S.-origin claims and to consider measures to strengthen Made in USA enforcement program. The workshop will take place on September 26, 2019 in Washington D.C. and address claims made by domestic and foreign sellers, consumer perception…
Read Article...Richard B. Newman Authors Article for FeedFront Magazine – Top 5 Ad Claim Substantiation Mistakes
Top 5 Ad Claim Substantiation Mistakes 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…
Read Article...Richard B. Newman Quoted by Leading News Publisher on Proposed Federal Data Broker Legislation
FTC compliance, CID investigations and litigation enforcement attorney Richard B. Newman was recently quoted in Communications Daily (subscription required) in an article entitled “Sens. Peters, McSally Push for Data Broker Transparency Through FTC.” Communications Daily is a leading publisher of hard news on telecom, broadcasting, the Internet, international trade and the consumer electronics industries. On…
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