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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SCOTUS Brief Filed in Favor of Expansive Interpretation of ATDS
The Plaintiff in Facebook, Inc. v. Duguid has recently filed its merits brief on this issue of whether the Telephone Consumer Protection Act’s definition of “automatic telephone dialing system,” 47 U.S.C. § 227(a)(1), encompasses a device that can store and automatically dial telephone numbers without using a random or sequential number generator. The Supreme Court case…
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New York Dismisses Price Gouging Lawsuit Against Wholesaler
As previously discussed here by an FTC defense attorney, the Federal Trade Commission and state Attorneys General have enhanced the use of resources at their disposal to protect consumers in the midst of the COVID-19 crisis. Issues such as price gouging and unsubstantiated product efficacy claims sit atop the regulatory action list. The New York…
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FTC Settles Charges Against Online Trading Academy Requiring Principals to Turn Over Millions in Cash and Assets
As previously blogged about here, providers of online training and business coaching programs have increasingly found themselves on the receiving end of unwanted Federal Trade Commission scrutiny. A recently announced settlement with Online Training Academy requiring its principals to turn over millions of dollars in cash and assets further illustrates the dangers of operating such…
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Richard Newman Authors Article for National Law Review on Supreme Court Decision to Rule on FTC Disgorgement Authority
FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “Supreme Court Decides to Rule on FTC’s Disgorgement Authority.” As previously blogged about here, the Supreme Court recently upheld the SEC’s disgorgement authority but imposed various limits, including the consideration of net profits and legitimate business expenses. The article examines…
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