The Uncertainty Continues: Compromised Section 13(b) Authority, COVID-19 Scams, and the FTC's Plans for Consumer Protection

On April 20, 2021, Acting Chairwoman Rebecca Kelly Slaughter and Commissioners Rohit Chopra, Noah Phillips, and Christine Wilson testified before the Senate Committee on Commerce, Science, and Transportation and provided an overview of the FTC’s consumer protection priorities. In addition, the hearing addressed the Commission’s imperiled consumer redress authority under Section 13(b) of the FTC Act and the agency’s continuous efforts to combat COVID-19-related scams.

FTC Files First Action Under COVID-19 Consumer Protection Act

The FTC has filed its first lawsuit under the COVID-19 Consumer Protection Act, charging St. Louis-based chiropractor Eric Anthony Nepute and his company, Quickwork LLC, with violating the Act by deceptively marketing nutritional supplements as scientifically proven to treat or prevent COVID-19.

Message Received: Supreme Court Narrowly Construes Autodialer Definition

The Supreme Court issued a 9-0 unanimous decision authored by Justice Sotomayor (with Justice Alito writing a concurring opinion) in Facebook, Inc. v. Duguid, resolving the circuit split on what constitutes a prohibited "automatic telephone dialing system" (more often referred to as an "autodialer" or "ATDS") and adopting a narrow definition of ATDS. The ruling likely provides welcome relief to those subject to the TCPA—at least for the time being. More on that below.

Spotlight on Our Advertising Law Tool Kit

California Consumer Privacy Act

The California Consumer Privacy Act (CCPA) brought sweeping new consumer rights over personal information and has required new levels of compliance for any company that collects data. Are you familiar with the specific provisions of and amendments to existing contracts required under the CCPA? Our attorneys outline the key steps in ensuring CCPA compliance. Explore this topic and dozens more in the ninth edition of Venable's Advertising Law Tool Kit.