Finally: A Statute of Limitations on FTC Disgorgement Actions?

On June 5, 2017, the Supreme Court of the United States decided Kokesh v. SEC, No. 16-529, holding that disgorgement claims must be commenced within five years of the claims’ accrual because such claims operate as penalties.

FTC v. D-Link: A warning shot to the IoT industry

Earlier this month, the FTC filed a complaint against Taiwan-based computer networking manufacturer D-Link Corp. and its United States subsidiary, D-Link Systems, Inc. 

Homeopathic drugs held to same standards by the FTC

In late September 2015, the FTC hosted a one-day public workshop, titled “Homeopathic Medicine & Advertising.”  The workshop explored advertising for over-the-counter (“OTC”) homeopathic drugs.  The workshop included several panel discussions.  The topics explored by the panel discussions touched on issues such as the current state of the homeopathic market, advertising for homeopathic products, consumer […]

11th Cir. issues stay of FTC order in LabMD fight

In the latest twist in the FTC v. LabMD matter, the Eleventh Circuit Court of Appeals recently issued a stay of the FTC’s final order pending appeal.  As previously reported by FTCLaw.com, the FTC in late July issued an Opinion and Final Order reversing an ALJ’s initial decision to dismiss Commission’s case against LabMD.  The […]

FTC takes checkered flag in $1.2B payday loan case

The FTC recently obtained a record $1.2B judgment against former racecar driver Scott Tucker and others over an alleged deceptive payday loan scheme that charged consumers undisclosed and inflated fees.  Even still, questions still linger over how the FTC will go about collecting that judgment, including claims by the defendants that the FTC is not […]

LeadClick liable for deceptive content it did not create

In a recent a case before the U.S. Second Circuit Court of Appeals, the second circuit was faced with the issue of whether online advertiser, LeadClick Media, LLC, is liable under the FTC Act for deceptive content it did not create.  Ultimately, the second circuit concluded that online advertisers like LeadClick could be held liable […]

Common carriers beyond FTC’s reach, 9th Circuit says

Early last week the Ninth Circuit Court of Appeals dropped a bomb on the FTC when it held that all common carriers are exempt from the FTC’s jurisdiction, even if those common carriers are engaged in “non-common carrier” activities.  The Ninth Circuit’s decision in FTC v. AT&T Mobility LLC firmly rejected the FTC’s prior interpretation […]

Substantial injury need not be tangible, FTC says

In the latest installment of the fight between the FTC and medical testing laboratory LabMD, the FTC issued an Opinion and Final Order reversing an Administrative Law Judge’s (“ALJ”) prior initial decision dismissing the FTC’s data security charges.  The FTC’s opinion determined that the ALJ “applied the wrong legal standard for unfairness” as it related […]

Warner Bros. settles charges over influencer campaign

The FTC has recently focused its enforcement efforts on influencer campaigns.  An influencer campaign, instead of marketing a product directly to a consumer, inspires, hires, or pays influencers to market a product to a larger consumer base.  While an influencer campaign may be an effective way to market a product to a greater number of […]

Maximum civil penalty amounts rise sharply

Late last week, the FTC announced that it had approved final amendments to Commission Rule 1.98.  Rule 1.98 adjusts the maximum civil penalty for violations of the 16 provisions of the law the FTC enforces.  The final amendments were approved in accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 2015.  […]