Category Archives: Enforcement

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SADDLE UP AMERICA: California Aims to Pass its Own GDPR Law

By Crystal N. Skelton, Dana B. Rosenfeld and Alysa Zeltzer Hutnik on Posted in Consumer Protection, Enforcement, European Union, GDPR, Legislative Developments, Privacy and Information Security, State Attorneys General
Just when you think you’ve tackled the Wild, Wild West of GDPR and privacy compliance, California decides to mix it all up again. This November 6th, California voters will decide on the California Consumer Privacy Act (“Act”), a statewide ballot proposition intended to give California consumers more “rights” with respect to personal information (“PII”) collected … Continue Reading

Florida AG Files Complaint Against Restaurant for Allegedly Deceptive “Locally Sourced” and “Sustainable” Claims

By Donnelly L. McDowell on Posted in Advertising, Enforcement, State Attorneys General
Florida attorney general Pam Bondi filed a complaint last week against Icebox Cafe, L.C. alleging that the restaurant violated Florida’s Deceptive and Unfair Trade Practices Act by making misleading claims that its food products were “locally-sourced” and “sustainable.”  The defendant operates a self-proclaimed “farm-to-table” restaurant in Miami Beach, along with select locations at airports. According … Continue Reading

FTC Files Complaint Against Lending Club for Allegedly Deceptive and Unfair Online Loan Practices

By Donnelly L. McDowell on Posted in Consumer Protection, Enforcement, Federal Trade Commission
The FTC today filed a complaint against Lending Club alleging that it deceived consumers by advertising loans with “no hidden fees” and subsequently concealing substantial loan origination fees.  The complaint points to consumer complaints and internal compliance documents as evidence that Lending Club knew that consumers were being misled and continued to misrepresent the loans … Continue Reading

CPSC Votes to Sue Britax Over B.O.B. Strollers

By Katie Townley and Christie Grymes Thompson on Posted in Consumer Product Safety, Consumer Protection, Enforcement
Last Friday, the CPSC voted to sue Britax Child Safety, Inc. to force the company to recall various models of single and double B.O.B. jogging strollers. The one-count administrative complaint alleges that the strollers present a substantial product hazard under Section 15(a)(2) of the Consumer Product Safety Act because they contain a product defect that … Continue Reading

FDA & FTC Issue Joint Warning Letters to Companies Marketing Products to Overcome Opioid Addiction and Withdrawal

By Donnelly L. McDowell on Posted in Dietary Supplements, Enforcement, Federal Trade Commission, Food and Drug
The FDA & FTC today posted warning letters to 11 marketers and distributors of opioid cessation products, alleging that such products were unapproved new drugs that violated the Federal Food, Drug and Cosmetic Act (FDCA) and that made unsubstantiated, deceptive claims in violation of the FTC Act.  In addition to the 11 joint warning letters … Continue Reading

What Does Tweeeeeting Mean for Advertisers?

By Kelley Drye on Posted in Advertising, Enforcement, Federal Trade Commission, Social Media
This week, the news broke that tweets are likely getting longer.  Twitter plans to extend the maximum length of a tweet from 140 to 280 characters, and has already rolled this feature out to selected users.  What are the implications for advertisers, especially those struggling to cope with the need to disclose material connections to … Continue Reading

Will the FTC’s Deception Evidence Fall Short? Court to Rule in DirecTV Case

By Christie Grymes Thompson, Alysa Zeltzer Hutnik and Donnelly L. McDowell on Posted in Advertising, Enforcement, Federal Trade Commission
U.S. District Judge Haywood S. Gilliam Jr. said Friday that the court would pause the trial to consider whether the FTC presented sufficient evidence to support its allegations that DirecTV misled consumers by failing to adequately disclose the terms of its two-year subscription and introductory pricing offer.  The judge instructed attorneys for DirecTV to file … Continue Reading

California Last State to Join Multistate Settlement of Western Union Fraud Schemes

By Crystal N. Skelton on Posted in Class Actions, Enforcement, Federal & State Regulatory, State Attorneys General
Last week, California became the 50th state to join the multistate settlement with Western Union over its alleged complicity in fraud-induced wire transfers.  This followed Western Union’s $5 million agreement with 49 state and the District of Columbia for costs and fees in January, not to mention a whopping $586 million in settlement agreements with the … Continue Reading

Ad Law News and Views Newsletter

By Kelley Drye on Posted in Advertising, Antitrust, Class Actions, Consumer Protection, Dietary Supplements, Enforcement, Fashion and Retail, Federal Communications Commission, Federal Trade Commission, Food and Drug, Kelley Drye, Legislative Developments, NAD, Privacy and Information Security, Regulatory Developments, Social Media, State Attorneys General
Did you know Kelley Drye’s Advertising Law practice produces a newsletter, Ad Law News and Views, every two weeks to help you stay current on ad law and privacy matters? Click here to access our Publication Sign Up and select Advertising and Marketing to subscribe. Find contents from the latest issue below: Click here to view with … Continue Reading

Smart TV Manufacturer “Smarting” after $2.2 Million Privacy Enforcement

By Dana B. Rosenfeld and Alysa Zeltzer Hutnik on Posted in Consumer Protection, Enforcement, Federal Trade Commission, Privacy and Information Security
This week, the FTC announced a settlement with VIZIO, Inc., one of the world’s largest manufacturers of “smart” TVs.  The settlement, also with the Office of the New Jersey Attorney General, arises from claims by regulators that VIZIO installed software that collected viewing data for 11 million consumer TVs without consent.  The $2.2 million settlement … Continue Reading

EU Data Protection Authority Issues GDPR Action Plan, Swiss Sign Privacy Deal with U.S.

By Dana B. Rosenfeld, Christopher M. Loeffler, Laura van der Meer and Ilunga Kalala on Posted in Enforcement, European Union, Legislative Developments, Privacy and Information Security, Regulatory Developments
On January 16, 2017, the Article 29 Working Party (“Working Party”)—the EU’s central data protection advisory board—published a press release regarding its Action Plan for 2017, which was adopted as part of its wider implementation strategy for the General Data Protection Regulation (“GDPR”).  The Action Plan follows up on the actions initiated in 2016 and … Continue Reading

New FTC Acting Chair Maureen Ohlhausen Offers Insight into Consumer Protection Priorities

By Spencer Elg, Christie Grymes Thompson, William C. MacLeod, Donnelly L. McDowell and Dana B. Rosenfeld on Posted in Antitrust, Consumer Protection, Enforcement, Federal Trade Commission, Privacy and Information Security
Just over one week after being named acting chair of the Federal Trade Commission (FTC), Maureen Ohlhausen delivered the keynote address at the American Bar Association’s biennial Consumer Protection Conference in Atlanta on February 2. During her remarks, acting chair Ohlhausen offered insight into consumer protection priorities during her tenure as acting chair. First, acting … Continue Reading

Announcing the Advertising and Privacy Law Webinar Series

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Agreements, Antitrust, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Enforcement, Fashion and Retail, Federal & State Regulatory, Federal Communications Commission, Federal Trade Commission, Food and Drug, Internet of Things, Legislative Developments, Marketing & Media Transactions, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Real Time Marketing, Regulatory Developments, Social Media, State Attorneys General
Please join Kelley Drye in 2017 for the Advertising and Privacy Law Webinar Series. Like our annual in-person event, this series will provide engaging speakers with extensive experience and knowledge in the fields of advertising, privacy, and consumer protection. These webinars will give key updates and provide practical tips to address issues faced by counsel. … Continue Reading

Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Dietary Supplements, Enforcement, Federal & State Regulatory, Federal Trade Commission, Food and Drug, Green Marketing, Internet of Things, Kelley Drye, Legislative Developments, Made in USA, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Promotions, Real Time Marketing, Regulatory Developments
There is no excerpt because this is a protected post.

Ninth Circuit Decision in AT&T “Throttling” Case May Reset Boundaries Between FTC and FCC Jurisdiction

By Alysa Zeltzer Hutnik and Spencer Elg on Posted in Enforcement, Federal & State Regulatory
On Monday, August 29, 2016, the Ninth Circuit Court of Appeals issued an opinion that may dramatically alter the boundaries between the Federal Trade Commission’s (FTC) and Federal Communications Commission’s (FCC) authority over phone companies, broadband providers, and other common carriers.  The Ninth Circuit dismissed a case that the FTC brought against AT&T over its … Continue Reading

A Pound of Flesh Just Got Heavier

By Kristi Wolff and Spencer Elg on Posted in Consumer Protection, Enforcement, Federal Trade Commission, Legislative Developments
The Federal Trade Commission announced yesterday that it has approved final amendments to Commission Rule 1.98 that adjust the maximum civil penalty dollar amounts for violations of 16 provisions of law the FTC enforces, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015 (“Adjustment Act”), which requires federal agencies to implement a … Continue Reading
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