Articles

05.25.17

'Buy One, Get One Free'-Style Offer Hit With Class Action

By Richard P. Lawson, Partner, Advertising, Marketing and MediaPuritan’s Pride, Inc., deceived consumers with a “buy one, get one free”-style marketing campaign for its supplements, a new putative class action filed in California federal court alleged.Although consumers ...


02.03.17

Current State of the FTC: Three Top Priorities

On February 2, Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, addressed the ABA 2017 Consumer Protection Conference in Atlanta and highlighted her consumer protection goals. If there is a theme to her vision, it is that regulatory humility is integral to creating a better ...


02.01.17

Q&A With TX Attorney General on Consumer Protection Priorities

In recent years, offices for state Attorneys General have been increasingly active in enforcing consumer protection issues. Given the array of interesting issues currently being explored in Texas, I spoke to Attorney General Ken Paxton on his office’s recent work surrounding consumer ...


11.17.16

How Retailers Can Avoid Regulatory Scrutiny this Holiday Shopping Season

With the holiday season often accounting for one-third of a retailer’s annual sales, competition can be fierce. Tempting as it is to grab for every advantage, this can have the unpleasant consequence of legal entanglements with the Federal Trade Commission or a state attorney general that are ...


11.08.16

A Tale of Two Statutes: ROSCA as Written, and ROSCA as Enforced

Enacted in 2010, the Restore Online Shoppers’ Confidence Act requires online retailers to clearly and conspicuously disclose the terms of an online negative option transaction before obtaining the consumer’s billing information, obtain express informed consent before charging the ...


10.20.16

Unleash Social Media's Engagement Power, While Protecting Consumer Privacy

Editor’s Note: In a recent webinar, Manatt Health explored the latest social media advances in the context of the Health Insurance Portability and Accountability Act (HIPAA) and other consumer protection and privacy statutes. In a two-part series, Manatt Health summarizes the important ...


07.12.16

In Case of Negotiation Breakdown, Always Be Trial Ready

Consider this line from FBI Director James Comey: “We have a name for prosecutors who have never lost—the ‘Chickens--t Club.’” When it comes to going to court, the most important skill isn’t success rate, but fearlessness. Regardless of whether there is going to ...