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Just days after the federal government shutdown came to an end, the Federal Trade Commission (FTC) wasted no time returning to enforcement mode, announcing a major settlement with Seek Capital, LLC and its CEO, Roy Ferman. The agency’s action permanently bans the company and its founder from offering business financing, debt relief, or credit repair services, serving as an aggressive post-shutdown reminder that the FTC’s focus on deceptive small-business lending practices remains undiminished.

FTC Targets Deceptive Small Business Lending Practices

According to the FTC’s complaint, filed in November 2024, Seek advertised itself as a source of quick and easy business loans for new and aspiring small businesses, promising “lines of credit” and “cold hard cash.” Both Seek telemarketers and lead generators regularly marketed to small business owners the message that thousands of dollars were easily available and could be pre-approved in minutes.Continue Reading FTC Bans Seek Capital in $48 Million Settlement

In her remarks at this year’s ANA Masters of Advertising Law Conference, Commissioner Melissa Holyoak of the Federal Trade Commission (FTC) emphasized three areas where the agency is focusing its consumer protection enforcement mandate: the Children’s Online Privacy Protection Rule (COPPA), Made in USA claims, and price transparency.

Holyoak didn’t comment on press reports that she will soon leave the agency to become U.S. attorney for the District of Utah, with White House staffer Ryan Baasch set to fill Holyoak’s spot.

Price Transparency and the FTC’s Unfair or Deceptive Fee Rule

Regarding price transparency and the FTC’s Unfair or Deceptive Fee Rule, Holyoak stressed that while the rule’s scope is limited to ticket sellers and short-term lodging providers, all companies and their pricing practices remain subject to the Section 5 enforcement.  Continue Reading FTC’s Melissa Holyoak Outlines Consumer Protection Focus at ANA Advertising Law Conference

Last week, the Federal Trade Commission (FTC) and the Nevada Attorney General’s Office jointly filed suit against a group of tax debt relief companies operating under the “American Tax Service” brand, alleging the defendants misled struggling consumers through deceptive telemarketing tactics and false claims of government affiliation.

FTC and Nevada AG Take Action Against Tax Debt Relief Companies

The case, filed in Nevada federal court, highlights the continued focus of regulators on companies that prey on consumers’ fears of tax enforcement and misuse of government imagery or language to lend artificial legitimacy to their claims. The court has already granted the FTC’s request for a temporary restraining order and asset freeze, halting the defendants’ operations while the case proceeds. The case is the only one filed by the FTC since the government shutdown, and the FTC has sought to stay most litigation it had already commenced.Continue Reading FTC and Nevada AG Crack Down on Deceptive Tax Debt Relief Scams Mimicking the IRS

On September 30, the Federal Trade Commission (FTC) announced a $5.7 million settlement with Dun & Bradstreet, resolving allegations that the global provider of business-decisioning data and analytics, violated a prior 2022 FTC order by deceptively marketing its business credit services.

FTC Targets Deceptive Business Credit Marketing Practices

At the heart of the FTC’s allegations is the claim that Dun & Bradstreet misled small and mid-sized businesses about the value and necessity of its credit monitoring service. According to the agency, the company allegedly represented that purchasing its credit monitoring services was essential to prevent harm to customers’ business reputations and the credit reports published by Dun & Bradstreet, when in reality the risk was overstated.

The FTC further charged that Dun & Bradstreet failed to implement other required compliance measures imposed under an earlier consent order, including failing to notify customers of the order and to maintain certain records regarding compliance with the order.Continue Reading Dun & Bradstreet Faces $5.7M FTC Penalty for Violating Compliance Order and Misleading Small Businesses

On Monday, the Supreme Court ruled that President Donald Trump may remove Democratic Federal Trade Commission (FTC) commissioner Rebecca Slaughter without cause while her legal challenge to the termination proceeds.

Supreme Court Stay on FTC Commissioner’s Removal

In a 6–3 decision, the Court granted the Trump administration’s request for a stay, temporarily blocking rulings from the district court and the United States Court of Appeals for the D.C. Circuit that had ordered her reinstatement. As we previously discussed, both courts had ruled that Slaughter’s removal was unlawful under Humphrey’s Executor, which held that Congress could limit the president’s removal power by providing for-cause protections for commissioners at independent agencies such as the FTC.Continue Reading Supreme Court Stay Sets Stage for Reconsidering Humphrey’s Executor

Chris Mufarrige, the director of the FTC’s Bureau of Consumer Protection, spoke last week at the National Advertising Division’s Annual Conference in Washington, providing further insight into how the FTC is thinking about key issues.

Mufarrige focused his remarks on privacy and AI. He said he views the basic principles for all consumer protection to be ensuring consumers can make well-informed choices and that companies keep their promises. 

FTC’s Evolving Approach to Privacy Enforcement

Mufarrige noted that individual preferences make abstract rules governing privacy difficult to draft and administer. He criticized the Lina Khan-led FTC for its efforts to use Section 5 of the FTC Act as an omnibus privacy statute. He said the agency should instead focus enforcement on specific privacy statutes such as the Children’s Online Privacy Protection Rule (COPPA) and use Section 5’s unfairness authority only where economic analysis shows consumer harm. Continue Reading FTC Bureau of Consumer Protection Director on Privacy Rules and AI Regulation

This year’s National Advertising Division’s (NAD) Annual Conference demonstrated that the self-regulatory process remains an active venue for companies interested in challenging competitor advertising claims. Attorneys from Venable’s Advertising and Marketing Group represent both advertisers and challengers at all levels of the NAD process, and this year has been particularly busy with NAD challenges. Read on for this year’s conference highlights and what to expect from NAD.

Industry Trends and Products in NAD Challenges

NAD continued to see a wide array of industries take advantage of the self-regulatory process, with the most prevalent being telecommunications, dietary supplements, cosmetics, household products, food & beverage, and infant products. Companies brought challenges against claims involving product efficacy, superiority, environmental claims, certifications, and more.Continue Reading National Advertising Division 2025 Annual Conference: Highlights and Takeaways

Earlier this month, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) together announced a settlement with Whaleco, Inc., the operator of Temu, over allegations that the online marketplace violated the INFORM Act. According to the complaint, Temu failed to provide consumers with required information about sellers or reporting tools to help consumers identify and avoid potentially fraudulent or unsafe products. Under the settlement, Temu will pay $2 million in civil penalties and must put measures in place to bring its practices in line with the law.

The INFORM Act requires online marketplaces to include a mechanism for consumers to report suspicious activity on listings from high-volume third-party sellers. Among other requirements, it obligates platforms to disclose identifying information for these sellers, including the name of the seller, physical address, and contact information, so consumers can reach them directly.

While the INFORM Act took effect in June 2023, this settlement marks the first enforcement of the law.  Continue Reading The INFORM Act in Action: First Enforcement Signals the Stakes

FTC Commissioner Mark Meador spoke at the National Advertising Division’s Annual Conference this week in Washington and provided some insight into his views on advertising and consumer protection. 

Meador began by noting that he was an antitrust lawyer prior to becoming a commissioner, with limited exposure to consumer protection issues. He noted that many antitrust matters contest subtle issues of market definition and the anticompetitive effects likely to occur in the future. 

On the other hand, Meador described many of the cases brought by the FTC’s Bureau of Consumer Protection as fighting evil and involving conduct that morally shocked him. He threw in a quote from Leviticus 19:35-36 to make his point: “Do not use dishonest standards when measuring length, weight, or volume. Your scales and weights must be accurate. Your containers for measuring dry materials or liquids must be accurate.” Continue Reading FTC Commissioner Mark Meador Highlights Consumer Protection Priorities at NAD Conference

Last week, President Trump signed a presidential memorandum, “Addressing Misleading Direct-To-Consumer Prescription Drug Advertisements.” The memorandum invokes the U.S. Food and Drug Administration’s (FDA) authority to regulate prescription drug advertising, noting that the agency has historically required manufacturers, packers, or distributors to provide consumers with materially complete information regarding the benefits and risks of the advertised drug.

In the memorandum, Trump directs Secretary of Health and Human Services (HHS) Robert F. Kennedy Jr. to take “appropriate action” to ensure transparency and accuracy in direct-to-consumer drug advertising, including increasing the amount of information that must be disclosed regarding the risks associated with the drug. The Commissioner of Food and Drugs is also directed to take appropriate action to enforce the Federal Food, Drug, and Cosmetic Act’s prescription drug advertising provisions.Continue Reading Prescription Drug Advertising Under Scrutiny: New FDA and HHS Enforcement Actions