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FTC Puts 700+ Companies on Notice to Expect to Pay Penalties for Any Endorsement Violations

Photo of Linda A. GoldsteinPhoto of Amy Ralph MudgePhoto of Randal M. ShaheenPhoto of John P. FerryPhoto of Matthew RenickBy Linda A. Goldstein, Amy Ralph Mudge, Randal M. Shaheen, John P. Ferry and Matthew Renick on Posted in Advertising, FTC
By: Linda Goldstein, Amy Mudge, Randy Shaheen, Jack Ferry and Matt Renick The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies, notifying them that conduct related to fake or misleading endorsements and … Continue Reading

FTC Issues Statement Warning Health Apps to Notify Consumers About Data Breaches

Photo of Melissa HewittBy Melissa Hewitt on Posted in Data Breaches, Enforcement, FTC, HIPAA/HITECH
The U.S. Federal Trade Commission (FTC) issued a policy statement on Sept. 15, 2021, warning that the decade-old Health Breach Notification Rule (the rule) – which applies to companies that handle personal health records or collect health data –  to notify consumers, the FTC and, in some cases, the media about data breaches. “In practical … Continue Reading

SEC Scrutinizes Use of Fintech by Broker-Dealers and Investment Advisers

Photo of Teresa Goody GuillénPhoto of Jonathan A. FormanPhoto of Madison GaudreauBy Teresa Goody Guillén, Jonathan A. Forman and Madison Gaudreau on Posted in FinTech, FTC, SEC
The Securities and Exchange Commission (“SEC”) recently issued a request for information and public comment on the use of new and emerging technologies by investment advisers and broker-dealers that suggests potential regulatory action to come.[1] According to its release, the SEC is seeking to understand how registrants — whether online brokerages, robo-advisers, internet investment advisers, … Continue Reading

COVID-19 Consumer Protection Act Shows Alternative Path to Monetary Remedies

Photo of Randal M. ShaheenPhoto of John P. FerryBy Randal M. Shaheen and John P. Ferry on Posted in FTC
A recent Federal Trade Commission (FTC) action demonstrates how the FTC has pivoted toward enforcement actions based on specific acts of Congress and rules in light of the Supreme Court’s ruling in AMG Capital. Congress passed the COVID-19 Consumer Protection Act in December 2020, which made deceptive acts or practices involving the treatment, cure, prevention, … Continue Reading
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