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FTC Takes Action to Combat Bogus Money-Making Claims

On February 17, 2022, the Federal Trade Commission launched a proceeding to challenge bogus money-making claims used to lure consumers, workers and prospective entrepreneurs into risky business ventures that potentially turn into dead-end debt traps.  If finalized, a rule in this area would allow the FTC to recover redress for defrauded

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FTC and DOJ Obtain Ban on Negative Option Marketing and $21M for Consumers Allegedly Deceived by Background Report Provider MyLife

On December 16, 2021, the Federal Trade Commission issued another reminder of just how aggressively the consumer protection agency continues to regulate negative option marketing.  The terms are a reminder that consulting with an experienced FTC defense lawyer regarding ROSCA and government advertising regulation compliance - up-front - is a

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Vertical and Niche Guide from MaxBounty

Choosing the right vertical or niche in affiliate marketing can seem like a daunting task. However, this Vertical and Niche Guide from MaxBounty simplifies the process, ensuring that you're on a path to profitability.

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Restitution v. Disgorgement: A Distinction Without a Difference?

In July 2021, the U.S. Court of Appeals for the 7th Circuit held in CFPB v. Consumer First Legal Group, LLC et al. that an award of $59 million in restitution and penalties for alleged unlawful mortgage relief services must be reconsidered, in pertinent part, because the U.S. Supreme Court

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Twenty-Eight Attorneys General Ask Congress to Restore FTC’s Ability to Obtain Monetary Relief

On or about June 28, 2021, twenty-eight attorneys general executed and sent a letter to Congressional leaders, including House Speaker Nancy Pelosi, in support of the passage of the Consumer Protection and Recovery Act.  The Act aims to restore the ability of FTC lawyers to pursue equitable monetary relief by proceeding directly

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FTC Civil Investigative Demands and the Opioid Addiction Recovery Fraud Prevention Act

With increasing regularity and in the wake of the recent Supreme Court holding that the Federal Trade Commission lacks authority to pursue monetary relief in federal court pursuant to Section 13(B) of the FTC Act, the regulatory agency has recently been initiating investigations via civil investigative demands (CIDs) into alleged

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Supreme Court Says FTC Lacks Authority to Pursue Monetary Relief in Federal Court Pursuant to Section 13(b) of the FTC Act.

In a unanimous decision, the U.S. Supreme Court recently held in AMG Capital v. FTC that the Federal Trade Commission does not possess authority to pursue “equitable monetary relief” such as restitution or disgorgement in federal court under Section 13(b) of the FTC Act.  The Court also stated that the

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