Tag Archives: FTC

Kokesh v. SEC and Implications for Consumer and Financial Regulatory Agencies

In its decision in Kokesh v. SEC, issued on Monday, June 5, 2017, the Supreme Court unanimously ruled that “disgorgement” of ill-gotten gains by the Securities and Exchange Commission (“SEC”) is a “penalty” within the meaning of 28 U.S.C. § 2462.  As a result, disgorgement is unavailable to the SEC in judicial proceedings involving conduct … Continue Reading

FTC Enforcement Action Signals Possible Changes Coming In Unfairness Doctrine

On February 6, the FTC, along with the State of New Jersey, announced a settlement with TV-maker VIZIO related to VIZIO’s alleged data collection practices on millions of its ‘smart,’ network-connected TVs. According to the complaint, VIZIO collected information on consumers which it then shared with third parties, without sufficiently disclosing the data collection and … Continue Reading

FTC Obtains Preliminary Injunction Against Companies For Allegedly Impersonating Government Agencies

On September 29, 2016, the FTC obtained a preliminary injunction against three companies and their principals for allegedly impersonating government transportation authorities (such as the U.S. Department of Transportation) to obtain payments for federal and state motor carrier registrations and required reports from commercial truckers and trucking companies.  The complaint in FTC v. DOTAuthority.com, Inc. … Continue Reading

Court Imposes $1.3 Billion Judgment on Payday Lender

On September 30, 2016, a federal district court in Nevada granted summary judgment to the Federal Trade Commission (“FTC”) against the remaining defendants in the FTC’s lawsuit against payday lender AMG Services Inc. and various related individuals and entities.  The court ruled against race car driver Scott Tucker, whom it found individually liable as a controlling … Continue Reading
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