Compliance Now

Bringing clarity and insight to the consumer protection regulations impacting your business

Nov 16, 2021

Navigating Workplace Retaliation Charges in the COVID Era: Preparing an Effective EEOC Position Statement

Nearly two years into the coronavirus pandemic, we are seeing an increasing number of EEOC Charges of Discrimination include claims of retaliation, not only for discrimination of statutorily protected persons, but also with respect to employers’ response and remediation of COVID-19 related issues. EEOC Chair Burrows announced an EEOC initiative, launching on November 17, 2021, which will include a virtual [...]

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Oct 15, 2021

Did You Get a Letter From the FTC?

If you didn’t receive a warning letter from the Federal Trade Commission this month you are one of the lucky ones. The FTC has sent warning letters to hundreds of companies over the past several weeks. Using its Penalty Offense Authority, the FTC sent Notices of Penalty Offenses to more than 700 of the U.S.’s largest consumer products companies as [...]

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Oct 14, 2021

The FTC Cares About Five-Star Ratings and Education Claims

The Federal Trade Commission has warned hundreds of consumer product companies and for-profit schools that they may be engaging in unfair or deceptive behaviors that could result in future enforcement action if these behaviors do not change. The FTC was focused on two issues: 1) deceptive testimonials and endorsements, and 2) performance claims. The warnings signal the FTC’s intent to [...]

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Sep 02, 2021

What You Need to Know About State Auto-Renewal Laws (ARLs)

Once upon a time, subscriptions were something customers signed up for that resulted in a magazine or newspaper arriving for a set amount of time. Today? Subscriptions have become the norm. From Netflix and Audible at home to subscriptions for Adobe and Microsoft for work, it is clear that business models have evolved. Subscriptions can be convenient for consumers, and [...]

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Jul 22, 2021

Get the Most from your Compliance Audit: Four Tips from an Experienced Compliance Attorney

A regulatory compliance audit is an assessment of a business’s policies, procedures, and practices against an established set of legal requirements or industry best practices. You may be evaluating your telemarketing practices against requirements of the TCPA and other telemarketing laws, your marketing campaigns against UDAP regulations, or your privacy framework against new CCPA demands. You might also be assessing [...]

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Jul 09, 2021

Five Things You Need to Know About Attorney General Enforcement Actions

A conversation with Helen Mac Murray, Founding Partner, Mac Murray & Shuster, LLP Do You Need to Worry About Consumer Protection Laws? The short answer is yes. A quick primer: Consumer protection laws are an important tool in the arsenals of state attorneys general (AGs), and their offices are quick to take targeted enforcement action against any business found [...]

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Jun 16, 2021

Senate Confirms Democrat Lina Kahn as FTC Chair, Ending Partisan Split

On Tuesday, June 15, 2021, the U.S. Senate confirmed Democrat Lina Kahn as Chair of the Federal Trade Commission. Kahn’s term will last through September 2024 as she takes over the position previously held by FTC Chair Joseph Simmons, who resigned in January 2021. With both Democrats and Republicans focusing on helping state and federal antitrust enforcers combat Big Tech’s [...]

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Jun 15, 2021

Resolving Disputes Out of Court: Understanding Mediation & Arbitration

“The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried.” — U.S. Supreme Court Justice Sandra Day O’Connor These words lend wisdom and provide insight to parties trying to decide how best to resolve a [...]

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May 26, 2021

Proactively Managing Regulatory Compliance

A Monthly, Quarterly, and Annual Checklist for Your Organization Maintaining compliance with important privacy and other consumer protection regulations is not something you can afford to set and forget. If your business engages directly with consumers, or supports other businesses that do, there are specific compliance-focused tasks that should be part of your ongoing operations. It’s critical to stay on [...]

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Apr 22, 2021

Supreme Court Unanimously Limits FTC’s Authority to Seek Monetary Restitution

The Supreme Court issued a ruling that will limit the Federal Trade Commission’s ability to collect restitution when companies are found to have violated the FTC Act by engaging in false advertising. In its Opinion, the Court stated, “The question presented is whether th[e] statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such [...]

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