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 Calls for Review of Endorsement Guides
The Federal Trade Commission has recently announced that it is seeking public comment on whether to make changes to its Endorsement Guides as part of the FTC’s retrospective review of its rules and guides designed to ensure that they are up-to-date, effective and not overly burdensome. The Endorsement Guides provide guidance to marketers designed to…
Read Article...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...Hinch Newman Quoted by Bloomberg on Crypto Exchanges
FTC compliance and defense attorney Richard Newman was recently quoted by Bloomberg News in an article entitled “Crypto Exchanges Step Up Customer Bounties as Volume Falls.” The article discusses the cryptocurrency exchange operational, legal and regulatory related issues. “Crypto referral programs are potentially lawful if, without limitation, there are truthful and accurate disclosures, compensation is…
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…
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