Ad Law Access
FTC Blankets Companies With Warning Letters Over Endorsements and Reviews
As we have noted in earlier posts, in the wake of the Supreme Court’s holding that Section 13(b) of the FTC Act does not allow for monetary restitution, the Federal Trade Commission has been attempting to creatively…
Pushing the Boundaries of Existing Authority: Section 19 Post-AMG Capital Management
It was an extraordinary week as the FTC continued to press the frontier of the post- AMG Capital Management landscape. On Friday, the Commission, making good on promises to creatively explore all of its options for…
Post-AMG Scorecard (Updated): FTC Claims for Monetary Relief in 13(b) Actions Dwindle
As AMG recedes further into the past, lower courts are becoming more comfortable disposing of 13(b) actions where the proceedings are attempting to obtain monetary restitution as a matter of course. In many instances…
With Partisan Tensions Running High, House Passes Legislation to Strengthen FTC’s 13(b) Enforcement Authority
On July 20, the U.S. House of Representatives passed H.R. 2668, the Consumer Protection and Recovery Act, to clarify the Federal Trade Commission’s enforcement authority under Section 13(b) of the FTC Act. H.R. 2668,…
Not All the Spaghetti Sticks: Post-AMG Court Rejects FTC 13(b) Statute Switch
The week started badly for the FTC when the U.S. District Court for the District of Columbia dismissed its antitrust complaint against Facebook (as well as a similar case brought by the attorneys general of 46…