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Consumer Protection Review

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Consumer Protection Review

Consumer Protection Review helps businesses that market and sell to consumers navigate federal and state legal issues related to advertising, privacy, promotions, products liability, government investigations, unfair competition, class actions and general consumer protection. 

pricing financial securities
March 20, 2020

Coronavirus Triggers Concerns Over Price Gouging

Leaders of the U.S. House of Representatives have requested that the FTC take action against price gouging related to the coronavirus (COVID-19) and have indicated that they would assist with appropriate legislation.

Almost every state has issued emergency declarations which, in many states, trigger prohibitions against price gouging.

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Finance bank
March 19, 2020

LendEDU Agrees to Settle FTC Charges Alleging Deceptive Advertising Practices

Operators of the LendEDU website entered into a settlement agreement with the Federal Trade Commission (FTC) in response to allegations that LendEDU misled consumers by claiming that its website provided objective, unbiased rankings of financial products, when in fact they offered better ratings to companies that paid for the endorsement. 

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Cannabis Law (leaf)
March 10, 2020

FDA Releases Report to Congress Regarding CBD

Yesterday, the FDA belatedly released a report in its progress towards CBD enforcement, as required by Congress.

Although the report repeats the FDA's concerns regarding CBD safety, and fails to offer a useful timeline for a reasonable regulatory pathway for the CBD market, it also affirms a desire for a nuanced "risk-based" approach to CBD enforcement.

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Buildings London
March 5, 2020

Lawsuit Filed Against Makers of Purell For Hand Sanitizer Disease Prevention Claims

Class action plaintiffs filed a lawsuit in February against Gojo Industries, Inc., the maker of Purell hand sanitizers, alleging that Gojo's marketing and advertising claims on its website and social media accounts give consumers the impression that Purell products "are effective at preventing colds, flu, absenteeism and promoting bodily health and increased academic achievement." 

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Technology Grid
March 3, 2020

New French Digital Accessibility Requirements in Effect and On the Horizon

Over the past few years, we have seen increasing legislative and regulatory activity around the globe on the issue of digital accessibility. 

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Workplace Conversation
February 24, 2020

Washington Privacy Act: A Short Timeline for a Robust Bill

For the second year in a row, Washington State is considering the "Washington Privacy Act," legislation that would regulate the collection and use of consumer data and have Washington join a chorus of states looking to legislate privacy. 

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Workplace Meeting
February 20, 2020

FTC requests feedback on Endorsement Guides

The FTC recently requested public comments on questions related to its Endorsement

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Supreme Court
January 10, 2020

Talcum Powder Case Settles Midtrial

On January 6, 2020, a California state court judge announced that a case against Johnson & Johnson related to allegations that its talcum powder products contained asbestos had settled midtrial. 

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Phone Consumer
January 8, 2020

FTC Sues FleetCor for Hidden Fee and other Deceptive Advertising Practices

On December 20, 2019 the FTC sued FleetCor Technologies, Inc. and its CEO, Ronald Clarke, for alleged misleading advertising practices, claiming FleetCor had collected at least $200 Million dollars in hidden fees from fuel card service customers. 

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Computer Lock Security
January 6, 2020

NAD Reveals Initial Plans for 2020 Fast-Track Process

The National Advertising Division recently revealed its plans to launch a fast-track resolution process to resolve certain false advertising claims in a mere 2-4 weeks. 

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World Cybersecurity
December 16, 2019

Web Accessibility Suit Alleging False Claims Act Violations Survives in California Court

Companies providing web services to government agencies may want to note a recent decision in State of California ex rel. Bashin v. Conduent Inc., in which the California Superior Court denied defendant's motion to dismiss a false claims act suit stemming from its representations in an RFP with the state regarding website accessibility. 

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Supreme Court Outside
December 2, 2019

FTC Publishes “101” Disclosures Guidance for Social Media Influencers

In November, the FTC issued a new resource for online social media influencers, titled "Disclosures 101 for Social Media Influencers," which provides complian

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Conference room
November 1, 2019

FTC Settles Two Cases of Alleged Fake Reviews and Online Influence

On October 21, 2019, the Federal Trade Commission (FTC) announced that it had settled two cases regarding alleged fake indicators of social media influence and fake product reviews. 

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Office and Employees
October 31, 2019

Looking to 2020: Will PFAS Be the Next Wave of Consumer Products and Coverage Litigation?

Businesses must begin taking concrete steps to prepare for the next wave of environmental and consumer products safety litigation, which is likely to focus on any historic and/or current use of materials containing certain per- and polyfluoroalkyl substances (PFAS). 

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Corporate Building
October 28, 2019

Multiple Lawsuits Filed Alleging Failure to Offer Gift Cards in Braille Violates the ADA

On Thursday, October 26, 2019, and Friday, October 27, 2019, nearly 40 complaints were filed in the Southern District of New York against various retailers and restaurants alleging that failure to provide gift cards in Braille violates the Americans with Disabilities Act. 

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