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.
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Federal Trade Commission and DOJ Enforcement
Both the Federal Trade Commission and the U.S. Department of Justice enforce U.S. antitrust laws. However, each has certain exclusive authority. The FTC is an independent regulatory agency led by five commissioners. The Department of Justice Antitrust Division operates under the U.S. Attorney General. DOJ investigations can be conducted by the DOJ’s criminal sections. The…
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FTC Law Firm on Order Shutting Down Revenge Porn Site
Federal Trade Commission law firm Hinch Newman LLP reports that the FTC and the state of Nevada have obtained a court order permanently shutting down a revenge porn website and ordering its operators to pay more than $2M following a finding that they violated state and federal law by posting intimate photos of individuals and…
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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…
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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…
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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,…
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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…
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