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.
-
FTC Announces New Rulemaking Group
On March 25, 2021, the Federal Trade Commission announced the creation of a new rulemaking group within the agency’s Office of the General Counsel. According to the FTC, the new structure will allow it to take a “strategic and harmonized approach to rulemaking across its different authorities and mission areas.” With this new group in…
-
Virginia Passes Broad Consumer Data Protection Law
Much like other states that have followed California in passing data privacy legislation, Virginia has passed and signed into law the Virginia Consumer Data Protection Act. Similar to California’s CCPA, Virginia’s law builds upon fair information privacy principles. The law is intended to provide consumers with increased control over how their personal data is used.…
-
New York’s New Automatic Renewal Law
On February 9, 2021, SB 1475 – New York’s new automatic renewal law – became effective. New York has now joined numerous states that have enacted similar law related to automatic renewal plans and continuity services, including California. Prior to enactment of SB 1745, New York’s ARL – N.Y. Gen. Oblig. Law § 5-903 –…
-
Supreme Court References Plain Language of FTC Act Section 13(b) During Oral Argument
As previously blogged about here, here and here, the FTC’s remedial authority is under attack. Recently, the Supreme Court has heard long-awaited oral arguments in the AMG Capital Management, LLC v. Federal Trade Commission matter. The issue in AMG is whether the FTC is statutorily entitled to use Section 13(b) of the FTC Act to…
-
FTC Charges Stock Tip Website With Deceptive Advertising
The Federal Trade Commission has recently filed a lawsuit in Maryland federal court against subscription stock trade advice website Raging Bull. The FTC alleges that the company purports to offer market tips and COVID-10 “plays” but uses deceptive marketing tactics. Regulatory agencies, not just the FTC, have been particularly interested in advertising that unlawfully leverages COVID-19-related…
-
Richard Newman Authors Article for Lead Generation World on What the Privacy Rights Act – CCPA on Steroids – Means for Lead Generators
FTC compliance and defense attorney Richard B. Newman recently authored an article for Lead Generation World titled “California Voters Pass the Privacy Rights Act – What “CCPA on Steroids” Means for Businesses and Consumers.” On November 3, 2020, California voters approved Proposition 24 – the California Privacy Rights Act of 2020 (“CPRA”). The CPRA amends and revises…
Please contact us at (212) 756-8777, via email to info@hinchnewman.com or via our Online Case Submission Form.