Litigation
Litigation refers to the process of resolving disputes by initiating legal action via the public court system. State courts are established by the laws of each state. Federal courts are established under the U.S. Constitution and have narrower jurisdiction that state courts. Regulatory litigation includes government plaintiff initiated actions that include, without limitation, allegations of unlawful marketing, advertising, cybersecurity and privacy practices.
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Richard Newman Quoted by New York Post on NYC Consumer Protection Law
Consumer protection defense lawyer Richard B. Newman was recently quoted by the New York Post in an article discussing a moving company that has purportedly been “hit by a litany of complaints.” In the article. Mr. Newman states that “[g]enerally speaking, failing to provide the quality of services advertised and using predatory practices can violate…
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What are Key Factors the FTC Considers When Calculating Monetary Civil Penalties?
The Federal Trade Commission generally seeks monetary civil penalties when it is alleging violations of rules that the agency enforces, such as the Telemarketing Sales Rule, the Made in USA Labeling Rule, the Restore Online Shoppers’ Confidence Act, the Gramm-Leach-Bliley Act and the Review and Testimonials Rule. The Federal Trade Commission increases its maximum civil…
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NYC DCWP Announces Major Action Against Solar Installation Firm
ON January 28, 2026, the New York City Department of Consumer and Worker Protection (DCWP) announced the filing of a lawusit against a solar panel installation company that allegedly defrauded New Yorkers “seeking a source of affordable renewable energy for their homes.” To address a purported scheme that allegedly “drove up utility costs for consumers…
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Rental Property Manager Agrees to Pay $24 Million and Stop Alleged Deceptive Advertising Practices
On December 2, 2025, the Federal Trade Commission announced that “the nation’s largest multi-family rental property manager” has agreed to pay $23 million to the Federal Trade Commission and $1 million to the State of Colorado and stop alleged deceptive advertising practices. According the announcement, the foregoing “resolve charges that the company misled consumers about…
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The FTC, CIDs and Tolling Agreements
The Federal Trade Commission Bureau of Consumer Protection welcomes an open dialogue with parties cooperating with its investigations. According to FTC attorneys, such dialogue allows the agency to make more informed decisions on whether to recommend an enforcement action and, if so, whether such an action can be resolved without the need for protracted litigation.…
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Richard B. Newman Quoted in Cybersecurity Law Report on Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations
FTC advertising compliance and defense lawyer Richard B. Newman was recently quoted in an article for Cybersecurity Law Report titled “Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations.” The article discusses the FTC’s recent privacy enforcement run and how it reinforces regulators’ expanding expectations for companies using video and audio recordings, smart…
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