What is “clear and conspicuous” disclosure?
Consumers complain to the Federal Trade Commission (FTC) and attorney general's offices when they feel that they were misled about the terms of an online offer. When complaints are made, the agency that receives the complaints will often review the company website to determine whether the company gave "clear and conspicuous" disclosure...
What is “clear and conspicuous” disclosure? Continue reading…
Is it possible to have the other party pay for my attorney fees?
Question: Is it possible to have the other party pay for my attorney's fees?
Answer: In some cases, yes. A common exception to the rule that each party pays its own attorney's fees is recovery of fees for the prevailing party in some consumer protection actions.
Is it possible to have the other party pay for my attorney fees? Continue reading…
The Federal Trade Commission’s view of Native Advertising
The Federal Trade Commission (FTC) recently issued guidance on how to ensure that "native advertising" is not deceptive to consumers. "Native advertising" is when an ad resembles the design and style of the media in which it is presented. "Native advertising" is becoming more and more popular in online media. Examples appearing...
The Federal Trade Commission’s view of Native Advertising Continue reading…
“Free” Trial Offer?
One of the more common complaints is the "free" trial offer scheme. In this type of case, you see a supplement, weight loss product or beauty product online advertised with a "free" trial offer. You give your credit card or debit card information for the nominal shipping fee (usually $4.00 to $5.00)....
“Free” Trial Offer? Continue reading…
Credit Card Processing Company approval of your company’s website does not mean that the website is compliant with consumer protection law
Question. The company that processes the credit card and debit card purchases through my company website approved the website. That means my company website is compliant with the law, right?
Answer. Not necessarily.
Many online merchants rely on the company that processes the credit card transactions...
Credit Card Processing Company approval of your company’s website does not mean that the website is compliant with consumer protection law Continue reading…
What type of resolution does the Attorney General’s Office seek under Consumer Protection laws?
When the Attorney General's Office takes enforcement action against a company or business owner under consumer protection law, it is usually seeking to obtain one or more of the following: civil penalties, consumer refunds or changes to the allegedly unlawful business practices. These remedies are all provided for in state law. However,...
What type of resolution does the Attorney General’s Office seek under Consumer Protection laws? Continue reading…
What do you do if served with a civil investigative subpoena or demand from the Attorney General’s Office?
When the Attorney General's Office takes enforcement action against a company or business owner under consumer protection law, it is usually seeking to obtain one or more of the following: civil penalties, consumer refunds or changes to the allegedly unlawful business practices. These remedies are all provided for in state law. However,...
What do you do if served with a civil investigative subpoena or demand from the Attorney General’s Office? Continue reading…
What do you do if served with a civil investigative subpoena or demand from the Attorney General’s Office?
Often, a company's first contact with the Attorney General's Office is when it is served with a subpoena (sometimes called a civil investigative demand.) The subpoena may require that the company provide a witness to be interviewed or it may request copies of documents. The subpoena will have a deadline to respond....
What do you do if served with a civil investigative subpoena or demand from the Attorney General’s Office? Continue reading…