Yet Another Appeals Court Rejects the FTC’s Monetary Authority
With the Supreme Court set to decide once and for all the issue of the Federal Trade Commission’s monetary authority this term, and with federal district courts already whittling away at it under the...
View ArticleFTC Pleads with Congress to Save Its Monetary Authority
With its judge-made authority to obtain money from defendants under mortal assault in the federal circuits and facing the distinct possibility of burial by the Supreme Court this term, the Federal...
View ArticleThe FTC Launches First Major Crackdown on CBD Marketers
Since hemp-derived CBD containing less than 0.3% THC was decriminalized by Congress at the end of 2018, the Federal Trade Commission has policed CBD health claims with a soft touch. On three...
View ArticleSupreme Court to FTC: We Doubt Your Monetary Authority
The moment of truth for the survival of the Federal Trade Commission’s most powerful and effective enforcement weapon – the ability to separate alleged FTC violators from their money – is now here....
View ArticleTo Be or Not To Be an Autodialer? The Supreme Court Gives the Answer
In “To Be or Not To Be an Autodialer” (October 2018), I discussed the technical, yet raging, legal controversy in the telemarketing world over the meaning of an “autodialer” under the Telephone...
View ArticleSupreme Court Guts FTC’s Enforcement Powers and Clout
Last Thursday morning, Eastern Daylight Time, the world of the FTC shook like never before. At that time, the Supreme Court of the United States, in a unanimous but unsurprising decision with seismic...
View ArticleFTC Successfully Fends Off AMG Attacks on Judgments
Within hours of the Supreme Court’s landmark decision in AMG Capital Management v. FTC last April overturning forty years of precedent to hold that the FTC cannot get money judgments in a direct...
View ArticleFTC Unveils Sweeping New Enforcement Strategy Following AMG
So, you’re an advertiser and one day a thick package arrives in the mail from the Federal Trade Commission. It’s a letter accompanied by a notice of “penalty offenses” and a bunch of FTC cases....
View ArticleFTC Issues Negative Option Marketing Enforcement Policy Statement
No marketing method has incurred the wrath of the Federal Trade Commission, with more dire consequences (asset freezes, receiverships, ruinous monetary judgments) to the targets of its wrath, than...
View ArticleFTC Under Fire Again at the Supreme Court
While the Federal Trade Commission has pursued consumer protection enforcement primarily in federal court for the last several decades, it has still relied heavily on the administrative law process in...
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