Showing posts filed under: FTC Beat by Andrew Silver

October 2, 2020

Plot thickens in FTC disgorgement debate, as $448 million award is reversed

As previously reported in this space, the Supreme Court is scheduled to hear argument in its upcoming term regarding whether the Federal Trade Commission was authorized to seek monetary relief such as disgorgement or restitution under Section 13(b) of the FTC Act.  These cases do not just call into question the availability of a certain… Read More

October 1, 2020

SEC “Kiks” Another Goal In Ongoing Fight Against Cryptocurrencies

In the latest blow to businesses seeking to offer digital tokens or cryptocurrencies to consumers, the United States District Court for the Southern District of New York ruled on Wednesday that Kik Interactive Inc.’s offering of its Kin digital token violated Section 5 of the federal Securities Act, granting summary judgment to the Securities and… Read More

April 1, 2020

TCPA Prior Express Consent Via Business Card? Third Circuit Says “Yes, It Counts”

As businesses that make telemarketing or automated/prerecorded phone calls and send text messages and telemarketing faxes are well aware, the federal Telephone Consumer Protection Act (“TCPA”) imposes certain restrictions on communications sent without the recipient’s express consent or permission.  Many courts view the “prior express consent” or permission requirement quite broadly.  And just this week,… Read More

October 17, 2019

SEC’s Lawsuit Against Telegram Raises Questions About Cryptocurrency “Presales” Under Regulation D

On October 11, 2019, the Securities and Exchange Commission (“SEC”) filed a lawsuit against Telegram Group, Inc. and TON Issuer, Inc. (“Telegram”), and simultaneously obtained a temporary restraining order preventing Telegram from issuing its “Gram” cryptocurrency, which had been scheduled for delivery on October 31, 2019.  The SEC claimed that the sale of Grams amount… Read More

April 3, 2019

Ability to Revoke TCPA Consent Limited When Consent Was Provided Via Contract

Although the Telephone Consumer Protection Act (“TCPA”) limits the ways in which companies may contact individuals via automated dialers, with prerecorded messages, or via text message, one of its hallmarks is that companies are entitled to contact consumers who have provided their express consent to be called.  However, in 2015, the Federal Communications Commission (“FCC”)… Read More