Plain Meaning: Conservative Judges Reining In the FTC?

In recent decisions analyzing the plain meaning of the FTC Act, two federal district courts have held that the FTC cannot file suit under § 53(b) of the Act where the alleged misconduct has ceased.  If upheld on appeal, the impact of these cases could be extraordinary.

CAN-SPAM: Is the FTC Poised For Major Changes?

The FTC has asked interested parties to address a wide variety of questions concerning its CAN-SPAM rules, including whether the rules provide any benefits at all to consumers. Where might this lead?

Reference Prices: Are You at Risk?

Reference prices advise consumers that they are getting a bargain. The California Court of Appeal, however, just upheld a $6.8 million penalty on the grounds that a company’s use of list prices and comparison prices constituted a deceptive trade practice.  Amazon is also apparently under investigation for its use of list prices.  If past is prologue, we...

FTC Issues Long–Awaited Patent Troll Study

The Federal Trade Commission today announced the publication of its formal study of the problem of patent trolls—which the Commission more politely refers to as “patent assertion entities” or “PAEs.” Using its investigative authority, the Commission examined non–public information for 2009–2014 from 22 PAEs, 327 PAE affiliates, and 2,100 holding entities. The FTC divided the...

Nebraska AG Hit With $725K Attorneys’ Fees Award In MPHJ Litigation

The final shoe has dropped in the Nebraska lawsuit that pitted MPHJ Technology Investments and Activision TV (n/k/a ActiveLight) against outgoing Nebraska Attorney General Jon Bruning; and it has fallen on the AG. Recall that in 2013 Bruning sent a cease–and–desist letter to Activision TV’s counsel, Farney Daniels, demanding that the firm stop its patent...

FTC Updates Mail Order Rule for Internet Age

For decades, direct marketers have been subject to the Federal Trade Commission’s Mail Order Merchandise Rule, 16 C.F.R. 435, sometimes referred to informally as the “30 Day Rule.”  Generally speaking, the Rule prohibits sellers from soliciting mail, Internet or telephone order sales unless they have a reasonable expectation that they will be able to ship...

FTC Takes Aim at AT&T: Lessons For Multichannel Marketers

On October 28, 2014, the FTC announced that it was suing AT&T on the claim that AT&T misled “millions of its smartphone customers by charging them for ‘unlimited’ data plans while reducing their data speeds, in some cases by nearly 90 percent.”  Just 20 days earlier, it announced a $105 million settlement with AT&T over...

FTC Nabs Non-Children’s Businesses In Children’s Privacy Snare

With its announcement of a settlement with Yelp, Inc. on September 17, 2014, the United States Federal Trade Commission, a consumer watchdog agency, sent word to the public of an aggressive enforcement initiative under the Children’s Online Privacy Protection Act (“COPPA”), with a special focus on mobile devices.  In its press release, the FTC urged...