AMG Capital v. FTC – SCOTUS Strips the FTC of a Critical Enforcement Tool

In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade …›

July 16, 2020 - Appellate & Supreme Court, FTC

U.S. Supreme Court’s Decision to Review a Pair of FTCA Cases Could Spell a Sea Change in FTC’s Enforcement Authority

The 1914 Federal Trade Commission Act (FTCA) created the Federal Trade Commission (FTC or “the Commission”) and empowered it to prevent, and provide redress to consumers affected by, unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce. In …›

May 6, 2019 - FTC, Internet of Things

Bad Influence: Complying with FTC’s Endorsement Guide

Today’s online celebrities—both verified and aspiring—can now become product sponsors with the help of a social-media account, a picture-perfect aesthetic, and several hundred thousand followers. The influencer marketing industry is a multibillion-dollar industry according to some industry reports stating it is projected to generate …›

April 2, 2019 - FTC, Privacy

FTC Releases 2018 Privacy and Data Security Update Report

With privacy and data security issues dominating headlines over the past year, the Federal Trade Commission – the Nation’s top privacy watchdog – has had its hands full. The FTC’s recently released 2018 “Privacy and Data Security Update” reflects this flurry of activity. The report provides …›