Last week, the FTC sent warning letters to ten multi-level marketing companies alleging that the companies failed to stop their participants from making deceptive product and earnings claims related to COVID-19.  The letters request that the companies report within 48 hours what actions they have taken to stop their distributors from claiming their products can

Ad Law Access PodcastAs COVID-19 continues to dominant the news and the effects sweep across the country and globe, one of the important issues that directly affects companies and consumers alike is price gouging. In fact, the AGs in 32 states sent a letter to online retail platforms (Amazon, eBay, Craigslist and others) urging them to do more

The FTC and FCC have taken a number of actions to stem unlawful robocalls generally and, during the COVID-19 pandemic, to stem harmful and deceptive calls that seek to exploit the COVID-19 crisis. Even amid the backdrop of their long-standing commitment, the agencies’ most recent action stands out as an aggressive new approach to unlawful

The CCPA grants the California Attorney General (AG) the authority to enforce the CCPA starting on July 1, 2020.  Last month, the AG confirmed no intention to delay that enforcement date due to the COVID-19 pandemic, despite mounting industry pressure.The CCPA grants the California Attorney General (AG) the authority to enforce the CCPA starting on July 1, 2020.  Last month, the AG confirmed no intention to delay that enforcement date due to the COVID-19 pandemic, despite mounting industry pressure.

Even if enforcement begins July 1st, companies must contend with another glaring obstacle:

As localities order people to stay at home and non-essential businesses to close, consumers are turning to online options.  Although you might welcome the traffic, you might also be facing unexpected challenges like a reduced work force, supply chain disruptions, manufacturing shifts from regular inventory to medical necessities, and other hurdles that can cause shipping

As a follow-up to our recent posts on price gouging (see here, here, and here), we noted recent signs that federal and state authorities have escalated their enforcement efforts.

  • On Monday, the President signed an executive order to prevent hoarding and price gouging of crucial medical supplies.  It authorizes criminal prosecution of

Facial Recognition Tech Enforced by Vermont AG Under State Privacy & Data Broker LawsVermont Attorney General Thomas Donovan Jr. has ratcheted up ongoing scrutiny of facial recognition technology.  On March 10, the Vermont AG sued facial recognition technology provider Clearview AI and moved for a preliminary injunction against the company.  Clearview drew wide attention in January following the publication of a New York Times story that detailed how

This post updates an earlier post relating to marketing around the coronavirus.

We noted a couple news items this week that help add context to the pervasiveness of and risks related to price gouging enforcement.  In this story, the New York Times reported on a merchant who was selling hand sanitizer and related protective

On January 30th, 24 State Attorneys General*, led by Kwame Raoul (D) of Illinois, submitted an amici curiae brief in support of the Federal Trade Commission’s position in FTC v. Credit Bureau Center LLC.

These State AGs are in agreement with the FTC, which has argued that the district court’s authority to

The year ended with a flurry of activity related to the FTC’s ability to obtain permanent injunctions and restitution under Section 13(b) of the FTC Act.  As we head into 2020, a level-set is in order.

To File or Not File is No Longer the Question

On December 19, 2019, the FTC filed a petition