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FTC Act

FTC Sends Notices of Penalty Offense to More Than 700 Companies

October 15, 2021 by Patrick Quinn

The Bottom Line As the FTC continues to explore its broader enforcement agenda, brands and marketers should ensure that their practices are lawful. While a response to a Notice of Penalty Offenses is not required by the FTC, any entity receiving such notice should conduct a review of their Continue Reading

Alert, Are Your Influencers Putting You at Risk? - October 15, 2021

FTC Can No Longer Seek Monetary Penalties for Violations of Unfair or Deceptive Practices

May 11, 2021 by Patrick Quinn

The Bottom Line The Supreme Court’s decision took away one of the FTC’s most valuable tools in enforcing Section 5 of the FTC Act, and may take a toll on monetary relief that the FTC can obtain in the near term.However, between the FTC’s other monetary remedies and proposals in Congress to codify Continue Reading

Alert, The Fine Print: Stay in Compliance without Losing Your Edge - May 11, 2021

FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices

August 3, 2020 by Patrick Quinn

The Bottom Line Retailers should ensure that they are transparent about the availability of their inventory and shipping timeframes. Failing to communicate with consumers (or worse, communicating deceptive promises) can result in significant liability under the FTC Act and the Mail Order Continue Reading

Alert, Demystifying COVID-19 Complexities and Thriving in Uncertain Times - August 3, 2020

1-800 Contacts Unlawfully Restricted Competitors’ Trademark Use In Search Engine Marketing

November 19, 2018 by Patrick Quinn

The Bottom Line The FTC has made clear that some common online advertising methods, such as bidding on a competitor’s trademark in search engine marketing, may not always be contracted away, especially when they result in restricting consumers’ access to competitive pricing information. Parties Continue Reading

Alert - November 19, 2018

Battling the Real “Fake News”: FTC Reaches Multi-Million Dollar Settlement with Internet Marketers for False Celebrity Endorsements

November 30, 2017 by Patrick Quinn

The Bottom Line The FTC's settlement with the Defendants allegedly engaged in these deceptive marketing practices serves as a reminder that the parties responsible for online advertising using public figures’ names and images without authorization can be identified and stopped, and that those Continue Reading

Alert - November 30, 2017

FTC Charges Online Negative Option Marketing Scheme with Deceiving Shoppers

October 17, 2017 by Patrick Quinn

The Bottom Line The FTC’s complaint, and the district court’s response, highlight the continuing regulatory scrutiny into negative option marketing practices and the importance of disclosing the material terms of an offer in a clear and conspicuous manner to consumers before they pay or incur a Continue Reading

Alert - October 17, 2017

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