FTC

Civil Investigative Demand- Klein Moynihan Turco

How to Respond to a Civil Investigative Demand

A Civil Investigative Demand (“CID”) is a discovery tool utilized by regulatory bodies. It is essentially an administrative subpoena to obtain documentary materials, and other information that may be in your possession, custody, or control. Such information may be relevant to a regulatory investigation into possible business practice violations. You may first hear from the […]

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who governs sweepstakes

Who Governs Sweepstakes Law?

Sponsoring sweepstakes promotions are one of the most exciting marketing vehicles that a business can use to increase visibility and engage customers. Before starting, it is essential to take detailed consideration of all rules and regulations governing sweepstakes promotions. By now, readers are familiar with the basics of how to conduct a sweepstakes promotion. However,

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FTC Calls for Public Comment on Negative Option Marketing

September 30, 2019 On September 25, 2019, the Federal Trade Commission (“FTC” or “Commission”) published an Advance Notice of Proposed Rulemaking calling for public comment on the need to amend the current “Rule Concerning the Use of Prenotification Negative Option Plans” (the “Negative Option Rule” or “Rule”). Negative option marketing, where a consumer’s silence constitutes

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Deceptive Marketing Practices, Lead Generators and the FTC

August 30, 2019  On August 27, 2019, an Illinois-based operator of several post-secondary and vocational schools entered into a stipulation and order with the Federal Trade Commission (“FTC”) arising out of allegations of deceptive marketing. Specifically, the FTC alleged that Career Education Corporation and its subsidiaries (collectively, “CEC”) violated Sections 5, 13, and 19 of

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FTC Settles Email Lawsuit with Unrollme

August 15, 2019 The Federal Trade Commission’s (“FTC”) Bureau of Consumer Protection has entered into a consent agreement with Unrollme Inc. (“Unrollme”), preventing Unrollme from continuing to engage in practices which the FTC considers to be unfair or deceptive, in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a). This

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Facebook data privacy

Facebook Enters into Data Privacy Violation Settlement Agreement

On July 24, 2019, the Federal Trade Commission (“FTC”) handed Facebook a $5 billion penalty for continuously misrepresenting to its users how it was sharing their personal data. The $5 billion penalty is the largest civil penalty imposed for a data privacy violation and puts companies on notice that the FTC is serious about how

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Companies Selling E-Liquids Must Follow Endorsement Guides

June 18, 2019 On June 7, 2019, the U.S. Food and Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”) together issued four warning letters to companies manufacturing and marketing flavored e-liquid tobacco products in connection with their failure to include required nicotine warning statements in social media posts.  Under the Federal Food, Drug and

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