A Blog About FTC regulations and happenings

How would you like to dive off a cliff with no idea how far you will drop, how deep the water is, and zero training on how to properly position your body to minimize impact once you hit the water? That’s how we approach artificial intelligence these days. Or perhaps more aptly put: How would… Read More

As state legislatures pursue laws directed at online safety and privacy for children, federal courts are striking down their efforts. The latest example is California’s Age-Appropriate Design Code Act (CA-AADC), which a federal judge in the Northern District of California enjoined from enforcement. While larger questions loom about constitutional authority and what is the best… Read More

If asked to name the greatest artists of all time, you may think of well-known figures such as Vincent Van Gogh, Pablo Picasso, and Michelangelo. What do these artists have in common – apart from their creative talent? They’re human. While that answer may seem painfully obvious, the humanity of authorship may not always be… Read More

If you blinked over the past couple of months, you may have missed it: the number of U.S. states that have adopted privacy laws has more than doubled. We are now up to 11 states (not including Nevada, which has a narrow privacy law on the books) with privacy frameworks. Fortunately, there seems to be… Read More

The Federal Trade Commission (“FTC”) recently issued updated “Endorsement Guides.” Guides, last revised in 2009, give businesses guidance on what endorsement practices may be considered “unfair” or “deceptive” under the FTC Act.  They also provide the general principles the FTC will use in evaluating endorsements and testimonials. As social media has evolved, the FTC has… Read More

The Commodities Futures Trading Commission (“CFTC”) has only brought one lawsuit against a Decentralized Autonomous Organization, or a DAO, which was recently decided in federal court. The case involved a decentralized finance trading protocol “that had transformed into a decentralized autonomous organization, a DAO, offering leveraged and margined retail commodity transactions to the public,” according… Read More

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”, or “Act”) becomes effective, imposing new obligations on online marketplaces like Amazon, eBay, and Etsy.  Specifically, the INFORM Consumers Act requires online marketplaces to verify and disclose high-volume third-party sellers’ identities. Congress enacted the law… Read More

When another person publishes a lie about you that causes harm to your reputation, you can seek relief by filing a defamation lawsuit. But what sort of relief is available when the person making the defamatory statement isn’t a person at all – but instead is a robot? The world may soon find out. In… Read More

When faced with federal agency enforcement actions, companies frequently enter into consent decrees with the government to avoid the time, expense, and uncertainties of litigation. Consent decrees often involve the payment of settlement monies. They can also include lengthy commitments in furtherance of compliance, such as annual reporting and officer certifications. Consent decrees may also… Read More