FTC Defense Lawyer

10/01/2023

Direct Seller Defeats Pyramid Scheme and Income Claim Allegations

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04/15/2023

U.S. Supreme Court Ruling Erodes Traditional FTC Enforcement Authority Amounting to a Win for Digital Advertisers

On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in federal court without having to slog their way through pre-enforcement admini...

04/14/2023

Richard B. Newman Selected to Author Consumer Protection Section of ALM FTC Law, Practice and Procedure Treatise

//www.hinchnewman.com/internet-law-blog/2023/04/richard-b-newman-selected-author-consumer-protection-section-alm-ftc-law-practice-procedure-treatise/

As a result of the firm’s demonstrated subject matter expertise in the field of FTC advertising compliance, investigations and defense, Richard B. Newman has been selected to assume authorship of the Consumer Protection Section of the American Lawyer Media International Federal Trade Commission: L...

03/30/2023

FTC Proposes Rule Governing Automatic Renewals, Subscription and Memberships That Would Cover Misrepresentations Unrelated to the Negative Option Feature and Civil Penalties

The Federal Trade Commission recently announced a proposed a “click to cancel” provision requiring sellers to make it as simple for consumers to cancel their enrollment as it was to enroll. According to the FTC, if consumers are unable to easily leave any program when they want to, the negative ...

02/27/2023

FCC Proposes Rule That Would Severely Impact Text Messaging and Devastate Lead Generation Industry

FCC Proposes Rule That Would Severely Impact Text Messaging and Result in HUGE Lead Generation Implications Lead generators beware. The FTC has issued a Notice of Proposed Rulemaking that would turn the lead generation industry on its head. Amongst numerous items currently on the FCC’s agenda, the...

02/24/2023

TeamViewer Automatic Renewal Disclosure and Consent Funnel Found Compliant With California's Automatic Renewal Law

California’s stringent Automatic Renewal Law is heavily focused upon free trial requirements, promotional periods and annual programs. Various obligations and restrictions are discussed, here. In 2021, Jack Gershfeld initiated legal action against TeamViewer US, Inc. Mr. Gershfeld alleged that Tea...

02/19/2023

Roundup of Early 2023 FTC Enforcement Matters of Interest to Digital Marketers

February 2023 has been a busy couple of months at the Federal Trade Commission. High-profile consumer protection actions and announcements span a broad spectrum of digital advertising and marketing. From “review hijacking, health product-related claim substantiation issues and lead generation, to ...

02/16/2023

FTC Settlement Underscores Agency Attention to A/B Testing

In September 2022, the Federal Trade Commission announced that it had taken action against credit services company Credit Karma for allegedly deploying dark patterns to misrepresent that consumers were “pre-approved” for credit card offers. The FTC alleges that the company used claims that consu...

01/31/2023

FTC Bureau of Consumer Protection Issues Criminal Liaison Unit Report Detailing Efforts to Ensure Wrongdoers Face Accountability

The Criminal Liaison Unit of the Federal Trade Commission’s Bureau of Consumer Protection (BCP CLU) has issued its

01/28/2023

FTC Defense Lawyer Tips on Negotiating the Scope of FTC CIDs

01/17/2023

Recent FTC Action Against Money Making Opportunity Offer and Alleged Deceptive Earnings Claims Results in Hefty Civil Penalties

Advertisers, beware. On January 13, 2023, the Federal Trade Commission announced that as a result of a Federal Trade Commission lawsuit, investment advice company WealthPress has agreed to a proposed court order that would require it to refund more than $1.2 million to consumers and pay a $500,000 c...