Federal Trade Commission (FTC)
The U.S. Federal Trade Commission (FTC) enforces and investigates (Civil Investigative Demands) fraudulent, unfair and deceptive practices, as well as anticompetitive marketplace conduct. It possesses investigative authority pursuant to Sections 6, 9 and 20 of the FTC Act. Following an investigation, the FTC may initiate a consumer protection or antitrust enforcement action. The basic consumer protection statute enforced by the FTC is Section 5(a) of the FTC Act. Consumer protection laws are enforced by the Bureau of Consumer Protection. Antitrust laws are enforced by the Bureau of Competition.
GDPR Consent and the Legitimate Interest Alternative
The European Union’s General Data Protection Regulation (GDPR) came into effect on May 25, 2018. With it, email inboxes continue to be flooded with updated privacy policy notices for U.S. companies subject to GDPR, requesting that recipients renew consent for marketing communications. Direct marketers that process the personal data or EU residents or are otherwise…
Read Article...FTC Settles Action Against Tech Support Scam Defendant
The FTC has announced that a settlement with an individual that will pay more than $100K and be permanently banned from offering tech support services. According to the FTC, the defendant provided substantial assistance to an India-based tech support scam in which purported technicians illegally obtain older consumers’ personal information without their permission while deceiving…
Read Article...COPPA Data Retention and Deletion Requirements
The Children’s Online Privacy Protection Act obligates certain website operators and online service providers to protect children under thirteen years. The Federal Trade Commission enforces the COPPA Rule. While many operators and providers may be familiar with the need to have certain information in a privacy policy, as well as COPPA’s “verifiable parental consent” requirement,…
Read Article...FTC Defense Lawyer Considers Ex Parte TROs and Asset Freezes
The Federal Trade Commission often initiates enforcement actions and asset freezes via ex parte temporary restraining orders. In other words, without notice to the parties involved. Often, parties first learn of the situation when served with a subpoena during a raid of its place of business and seizure of company assets. The FTC Act (15…
Read Article...FTC Enforcement Action Against Telemarketers That Allegedly Threatened Removal from Google
The Federal Trade Commission has filed a complaint against a Florida-based telemarketing operation that is charged with deceiving small business owners by falsely representing an affiliation with/authorization by Google, making threats to remove businesses from search results and false promising specific search results. According to the FTC, Defendants operate a telemarketing scam in which they target small business…
Read Article...FTC Defense Lawyer Discusses Recent Agency Enforcement Activity
Chairman Joe Simons, on behalf of the Federal Trade Commission recent provided testimony before the Senate Appropriations Subcommittee on Financial Services and General Government in an effort to set forth recent regulatory efforts and complex investigations to protect consumers. See, here. From unsubstantiated privacy and data security, to unsubstantiated health and IoT, the FTC’s mission…
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