With President Trump’s new tariffs on imports and focus on “Made In USA,” brands are incentivized to stress their connection to America. Marketers have to be prepared to substantiate their claims and comply with the law. There will be aggressive enforcement by the FTC, states and Continue Reading
Trump Dismisses Democratic FTC Commissioners
The Bottom Line On Tuesday March 18, President Donald Trump fired the two Democratic members of the Federal Trade Commission (FTC), Rebecca Kelly Slaughter and Alvaro Bedoya, noting that their “continued service on the F.T.C. is inconsistent with [the Trump] administration’s priorities.” The FTC Continue Reading
Children’s Privacy Roundup: U.S. vs. TikTok and Federal and State Legislation Updates
The Bottom Line The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have continued their commitment to protecting kids’ and teens’ digital privacy. In 2019, Google and YouTube paid what was then a record fine to the FTC and the New York Attorney General for violating Continue Reading
Federal Court Strikes Down FTC Non-Compete Rule
The Bottom Line We have previously issued alerts concerning the Federal Trade Commission’s (FTC) rule banning most employee and independent contractor non-competes (the Rule) (May 6, 2024, January 26, 2023) and come to you now with a major update. On August 20, 2024, the federal court in Continue Reading
Taking Out the Trash: New Junk Fee Laws Impact Pricing Practices
The Bottom Line We are about to see an enormous uptick in federal and state regulation of “junk fees” – and the class action bar is undoubtedly preparing to act. With federal rulemaking on unfair and deceptive fees set to go into effect later this year and new state legislation being Continue Reading
FTC Settles with Subscription-Based Business for Alleged Discriminatory & Deceptive Practices
The Bottom Line Online cash advance provider FloatMe Corp. will pay $3 million as part of a settlement with the Federal Trade Commission (FTC) for allegations of unfair and deceptive tactics against customers. The settlement, announced January 22 by the FTC, came after the Continue Reading
Unwrapping the FTC’s Proposed Updates to the COPPA Rule
The Bottom Line On December 20th, the FTC announced proposed changes to the Children’s Online Privacy Protection Rule (COPPA), which was last updated in 2013. The updates are intended to respond to technological changes, provide greater protections for kids’ personal information and ensure Continue Reading
FTC Finalizes CARS Rule
Update The FTC is postponing the effective date of the CARS Rule while a legal challenge brought by the National Automobile Dealers Association and the Texas Automobile Dealers Association is pending. The trade groups have stated that the rule is “arbitrary, capricious, an abuse of discretion, Continue Reading
FTC Names Senior Executives in Suit Against Amazon for Use of “Dark Patterns” in Prime Enrollment Scheme
The Bottom Line While the FTC has named individual defendants in prior cases, the amended complaint shows that the FTC is willing to do so in challenges to large, publicly traded companies.Companies should closely review their consumer experience flows and cancellation policies, to ensure that Continue Reading
Blurred Lines: FTC Report Finds Blurred Advertising Can Harm Kids
The Bottom Line Children and teens are spending a considerable amount of time in immersive environments, where advertising content can be difficult to distinguish from entertainment, educational or other content.Following a wave of recent Children and Teens’ Online Privacy Protection Act (COPPA) Continue Reading