The FTC’s proposal would impose a number of new substantive and disclosure requirements on motor vehicle dealers in connection with the car buying or leasing process. The topics we cover include: the FTC’s statutory authority for the proposal and the proposal’s coverage (including buy-here-pay-here dealers); the specific new requirements the proposal would impose; how the
FTC Proposes Substantive Revisions to Advertising Guidelines
The Federal Trade Commission (“FTC”) is seeking public comment on proposed changes to its guides concerning the use of endorsements and testimonials in advertising. FTC guides are advisory in nature and intended to assist businesses in complying with laws administered by the FTC.
Endorsements and advertisements are defined broadly to mean any advertising message that
FTC settles Section 5/ROSCA claims alleged against payment processor providing services to small businesses
On July 29, the Federal Trade Commission (“FTC”) announced a settlement with First American Payment Systems LP, a Texas-based nationwide payment processor, and two of its sales agent affiliates, Think Point Financial LLC and Eliot Management Group LLC (collectively, “First American”), in an action alleging hidden terms, “surprise” exit fees, and charges made to merchants
FTC and 18 state attorneys general settle action against national retail chain accused of unlawful practices targeting servicemembers
On July 20, 2022, the Federal Trade Commission (“FTC”) and 18 state attorneys general led by New York Attorney General Letitia James announced that they have entered into a settlement with Harris Originals of NY, Inc. and related entities (collectively, “Harris Jewelry”), a national jewelry retailer that markets and sells military-themed gifts, to resolve their
House Oversight and Reform Subcommittee on National Security holds hearing on protecting military servicemembers and veterans from financial scams and fraud
On July 13, 2022, the House Committee on Oversight and Reform, Subcommittee on National Security held a hearing entitled “Protecting Military Servicemembers and Veterans from Financial Scams and Fraud.” A recording of the hearing is available here.
July has been designated as “Military Consumer Month,” a public-private marketing initiative created by state and federal
FTC seeks public input on updates to 2013 guide on making effective disclosures in digital advertising
The FTC has announced that it is seeking public input on ways to modernize its 2013 guide titled “.com Disclosures: How to Make Effective Disclosures in Digital Advertising,” which provides guidance to businesses on digital advertising and marketing. In an attempt to modernize the guidance, the FTC is seeking comments on the following
FTC Provides Annual Report to CFPB on 2021 Activities Regarding Financial Acts
The Federal Trade Commission provided its annual report to the Consumer Financial Protection Bureau on its enforcement and related activities in 2021 regarding the Truth in Lending Act (TILA), Consumer Leasing Act (CLA), and Electronic Fund Transfer Act (EFTA) (collectively, the “Financial Acts”).
Under Dodd-Frank, the FTC retained its authority to enforce these regulations with
Unpacking the FTC’s Recent Blog Post Regarding Breach Notification
The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The Importance of Effective Breach Disclosures, explained that in some instances, the FTC Act
CA Supreme Court rules FTC Holder Rule’s recovery limit does not include attorney’s fees when state law provides for attorney’s fees against a holder
The California Supreme Court has ruled in Pulliam v. HNL Automotive Inc. that the FTC Holder Rule’s limit on a consumer’s “recovery” to the “amounts paid by the debtor” under the contract does include the consumer’s attorney’s fees where a buyer seeks fees from a holder under a state prevailing party statute. The decision has
Alvaro Bedoya confirmed as FTC Commissioner
Yesterday, the U.S. Senate confirmed Alvaro Bedoya to serve as an FTC Commissioner
Mr. Bedoya fills the seat on the Commission previously held by CFPB Director Rohit Chopra. He joins the two other Democratic FTC Commissioners, Lina Khan, Chair of the Commission, and Rebecca Slaughter, thereby ending a 2-2 split and restoring a 3-2 Democratic