Category Archives: Direct Response

Will the Supreme Court Save the FTC’s Disgorgement Authority?

In January, I wrote about emerging caselaw questioning the long-held view in the federal courts that federal law enforcement agencies, like the Federal Trade Commission and Securities and Exchange Commission, have the legal authority to require violators of their statutes … Continue reading

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FTC Hammers Offshore Processor for “Unfairly” Enabling Deceptive Free Trials

We think of the Federal Trade Commission as an anti-deception agency, and it is just that.  The vast majority of its cases are brought against deceptive business practices.  By statute, however, the FTC is also empowered to prevent practices that … Continue reading

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Is the FTC’s Most Fearsome Power Now in Peril Before the Supreme Court?

The thunderbolt that struck the Federal Trade Commission last August still reverberates, with the full impact of its force still to be determined. As I wrote then (“In Historic Ruling, 7th Circuit Bars FTC Money Claims”), the thunderbolt was a … Continue reading

Posted in Direct Response, FTC, Online Marketing | Leave a comment

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