The FTC made a big splash this week when it filed an injunction to block Meta from buying a virtual reality company, arguing that the acquisition was anticompetitive. This filing follows Chair Khan’s comments at the April 2022 Antitrust and Competition Conference focusing on mergers as an enforcement priority, and her view that agency inaction is worse than the risk of agency backlash. This story and more after the jump. Continue Reading FTC Updates (July 25-29, 2022)
deceptive pricing
FTC Updates (June 27 – July 1, 2022)
The FTC, in the week leading up to the Fourth of July holiday, took action in multiple healthcare arenas, including supplements and Ear, Nose and Throat (“ENT”) specialty products. The agency also successfully shut down a scammer who used PPP loans to sell bogus grant funding packages to minority-owned businesses in Florida. These stories and more after the jump.Continue Reading FTC Updates (June 27 – July 1, 2022)
A New Twist on a Familiar Theme: NJ Lawsuit Targets Retailer’s Savings Claims, Seeking Damages Under Once Obscure Statute
There’s a new tool for deceptive pricing class actions challenging “up to __%” savings promotional messaging: A new lawsuit filed in New Jersey alleges that the clothing retailer’s “up to _% off” promotional messaging violates New Jersey’s consumer protection laws. The plaintiff sued Jos. A. Bank under the New Jersey Truth in Consumer Contract, Warranty and Notice Act (TCCWNA), N.J. Stat. § 56:12-15. This once-forgotten statute has recently been in the limelight, invoked in numerous class actions due to its generous civil penalties provision providing “not less than $100.00 or for actual damages, or both” at the choice of the consumer, plus attorney’s fees. See N.J. Stat § 56:12-17.