FTC

continuity billing FTC laws washington DC building law and order bill being passed

States Revisit Their Continuity Billing Laws 

In the wake of increasing continuity billing practice complaints, the Federal Trade Commission (“FTC”) is again taking a hard look at the space. The FTC has once again reviewed its 1973 Negative Option Rule, which was enacted, in part, to regulate automatic renewal plans, free to pay conversions, and continuity billing. Some of the recently […]

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FTC Health Data Privacy Crackdown Continues

On April 11, 2024, Monument, Inc. (“Monument”), settled claims brought by the Federal Trade Commission (“FTC”) alleging that it had committed certain health data privacy law violations. Monument provides online addiction treatment services, offering its clients access to online support groups, community forums, online therapy, and physician access. The Complaint, filed by the United States

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Not All Telemarketing Calls Are Unsolicited!!

On January 30, 2024, AT&T announced a new feature aimed at reducing the number of unsolicited telemarketing calls delivered to its subscribers. AT&T is teaming up with TransUnion, a credit reporting company, to roll out this new feature. To participate, businesses must sign up for TruContact Branded Call Display (“TBCD”) through TransUnion. Following sign-up, all

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NY Attorney General Sues SiriusXM For Subscription Cancellation Violations 

As our readers know, the Federal Trade Commission (“FTC”) has proposed amendments which attempt to simplify the process of canceling subscription-based services. Most consumers have experienced how companies can make it frustratingly difficult for them to cancel a recurring subscription. Now, the New York State Attorney General’s Office (“NYAG”) has levied allegations against satellite radio

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ftc telemarketing

FTC Telemarketing Decision Highlights Crackdown on Consent Farming 

As our readers are aware, on September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois granted the Federal Trade Commission (“FTC’) partial summary judgment in its telemarketing lawsuit against Day Pacer LLC and associated defendants (collectively “Day Pacer”). FTC v. Day Pacer LLC, et al., filed in 2019, is part of

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FTC telemarketing

FTC Telemarketing Crackdown Sends Major Warning to Industry

On July 18, 2023 the Federal Trade Commission (“FTC” or the “Commission”) announced that it has been working with more than 100 federal and state law enforcement partners to crack down on widespread deceptive telemarketing practices. The joint initiative, known as “Operation Stop Spam Calls,” has already resulted in lawsuits against companies that place prerecorded

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ftc endorsement guidelines

NEW FTC GUIDELINES FOR ENDORSEMENTS AND TESTIMONIALS RELEASED

The Federal Trade Commission (“FTC” or the “Commission”) has released its updated Endorsement Guides for 2023. The FTC Guidelines “at their core, reflect the basic truth-in-advertising principle that endorsements must be honest and not misleading.”  The FTC Guidelines concerning the use of  endorsements and testimonials in advertising require that “[i]f there’s a connection between an

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sweepstakes amoe

The Importance of a Valid Sweepstakes AMOE

A recent Federal Trade Commission (“FTC”) action against, and settlement with, Publisher’s Clearing House (“PCH”) highlights the importance of offering consumers a free alternative means of entry into all sweepstakes promotions (also referred to as a “sweepstakes AMOE”).  Sweepstakes operators may enable consumers to enter a sweepstakes via the purchase of a product or service.

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