In mid-March, the FTC continued to back consumers’ right to repair, submitting a comment with the DOJ’s Antitrust Division to the U.S. Copyright Office in support of renewing and expanding exemptions for repair in the Digital Millennium Copyright Act (DMCA). The Commission is refunding consumers who were misled into purchasing goods, making student loan payments, and charitable donations for cancer patients. In the first FTC enforcement action of its kind, a supplements company faces penalties for “hijacking” another product’s reviews as its own to boost sales. The Commission highlighted a Notice of Proposed Rulemaking for the EnergyGuide Labeling Rule and Telemarketing Sales Rule. Members of the public are invited to join an open Commission meeting on March 21, 2024. Finally, the FTC appointed a new Administrative Law Judge, Jay L. Himes. More news on the FTC’s busy week, after the jump.Continue Reading FTC Updates (March 11–15, 2024)

As we move forward our clocks to adjust for daylight saving time and enter the season of spring, the FTC is keeping quite busy. The FTC held multiple events, proposed various settlement orders, and issued new rules covering a host of industries and topical areas, including healthcare, privacy, and telemarketing. Most importantly, the FTC welcomed Commissioners Ferguson and Holyoak.Continue Reading FTC Updates (February 26 – March 11, 2024)

The FTC was active in privacy and security related matters this week. The agency submitted a letter to the House Judiciary Committee related to a social media platform’s data sharing practices with third-parties. It also announced a multi-million dollar settlement with a software company over its data collection and selling practices. Additionally, this week’s updates include the FTC filing an administrative complaint against a major tax preparation company for its advertising and marketing tactics. All this, and more, after the jump.Continue Reading FTC Updates (February 19-23, 2024)

The FTC celebrates the Valentine’s Day holiday this week by providing warnings to consumers about online romance scams.  Additionally, this week’s updates include the FTC’s warnings to artificial intelligence companies regarding clauses in terms of services, a new tool to combat impersonation scams, and a judgment providing monetary relief for small businesses harmed by cash advance companies. All this, and more, after the jump.Continue Reading FTC Updates (February 12-16, 2024)

The FTC continued its focus on consumer protection matters this week, announcing both finalized orders and consumer refunds in enforcement actions ranging from student debt relief to telemarketing. This, and more, after the jump.Continue Reading FTC Updates (February 5 – February 9, 2024)

The FTC this week has primarily focused on consumer protection, announcing successful efforts against companies who failed to protect consumers from illegal telemarketing calls and hackers. The agency’s efforts build on a series of actions focusing on consumer privacy and security, which are all the more important as, in the agency’s words, “businesses face fresh incentives to hoard data to train AI models.” These stories and more after the jump.Continue Reading FTC Updates (January 29 – February 2, 2024)

The FTC continues to make strides at the start of the new year. The FTC and the Justice Department met with world leaders in the competition space and announced numerous updates to their procedures demonstrating the government’s commitment to remaining up to date with current technology and trends. This, and more, after the jump.Continue Reading FTC Updates (January 22 – January 29, 2024)

As we enter 2024, the FTC is pushing forward on all fronts. The Bureau of Consumer Protection announced both settlements and actions, especially related to telemarketing and robocalls, as well as automotive industry junk fees and illegal uses of consumer location data. And, the FTC has scheduled a summit on Artificial Intelligence on January 25. This, and more, after the jump.Continue Reading FTC Updates (January 1 – January 19, 2024)

The FTC has been active despite being in the midst of the holiday season. The Commission and the DOJ released its 2023 Merger Guidelines as well as a FY 2022 report detailing data on the HSR Premerger Notification Program. The Bureau of Consumer Protection was also active this week. It announced a new report summarizing key takeaways from an October 2023 roundtable examining the impact of generative artificial intelligence. The Commission also announced a new notice of proposed rulemaking and an extension to an existing proposed rulemaking related to consumer protection issues. These stories and more after the jump.Continue Reading FTC Updates (December 18 – December 29, 2023)

Since the Federal Trade Commission (“FTC”) published its updated 2023 Guides Concerning the Use of Endorsements and Testimonials in Advertising earlier this year, consumer reviews have been front of mind. This guidance covers, in part, the treatment of consumer reviews, and companies have been (or should be) preparing for an uptick in FTC enforcement. But it’s not just the FTC to watch out for. A recent wave of class actions arising under California Civil Code § 1670.8 related to a customer’s right to make statements about their experience with a seller has raised the bar for retailers to another level.Continue Reading I Can’t Say What? New Wave of Class Actions Target Consumer Review Terms & Conditions