It has been two years since the Supreme Court handed down its opinion in Ford Motor Co. v. Montana Eighth Jud. Dist. Ct., 141 S. Ct. 1017 (2021), holding that Ford could be subject to personal jurisdiction in Minnesota and Montana because the suit “related to” the company’s contacts with the states, even though there was not a causal relationship between Ford’s contacts with the forum and plaintiffs’ claims.
Continue Reading Celebrating the Two-Year Anniversary of Ford – The Ninth Circuit’s Recent Personal Jurisdiction Decision Shows It’s Not “Anything Goes”
FTC Looks to Crack Down on Subscription and Membership Auto-Renewals
On March 23, 2023, the FTC issued a notice of proposed rulemaking aimed at deceptive and unfair practices involving recurring charges for automatically renewing subscriptions and memberships.
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Do the Products You Sell Contain PFAS?
Per- and polyfluoroalkyl substances (PFAS) have taken center stage. The Biden administration’s regulatory agenda plans numerous revisions to environmental regulations to address this broad class of pervasive substances. While the US Environmental Protection Agency grapples with implementing these initiatives, states are aggressively forging ahead with their own plans.
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FTC Issues Green Guides Questionnaire
As we recently reported, the FTC voted to issue a notice in the Federal Register seeking input on updating its Green Guides. The FTC’s notice seeks input on a number of areas addressed by the current Guides, which last were updated in 2012.
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FTC Set to Review Green Guides
The FTC announced that it will hold an open meeting on December 14 during which the agency will vote to publish a Federal Register notice commencing a regulatory review of the Guides for the Use of Environmental Marketing Claims (“Green Guides”).
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Absorbing and Reacting to the SEC’s New Clawback Rules
The Securities and Exchange Commission (the “SEC”) on October 26, 2022, adopted new executive compensation “clawback” rules, thus fulfilling its 2010 mandate under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). The purpose of this alert is to briefly summarize the rules and some related considerations and highlight next steps that issuers should be considering as they plan to comply with the new rules.
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FTC Exploring Rule to Crack Down on Deceptive and Fake Consumer Reviews
The Federal Trade Commission published an Advanced Notice of Proposed Rulemaking (ANPR) on October 20 seeking public comment on a potential regulation aimed at curbing deceptive consumer reviews and endorsements. In its announcement, the FTC highlighted the prevalence of false and misleading reviews online and the harms they cause consumers and competitors.
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NYDFS Fines EyeMed $4.5 Million for Cybersecurity Violations
On October 18, 2022, the New York State Department of Financial Services announced that EyeMed Vision Care LLC agreed to a $4.5 million settlement for violations of the Cybersecurity Regulation that contributed to the exposure of hundreds of thousands of consumers’ health data in connection with a cybersecurity event in 2020.
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Kim Kardashian Ordered to Pay Over $1.26 Million for Securities Violation Arising Out of Crypto Endorsement
The SEC instituted settlement proceedings against Kim Kardashian on Monday, alleging that the reality television star and entrepreneur violated the SEC’s anti-touting statute when she failed to disclose compensation that she received in exchange for an Instagram post endorsing cryptocurrency tokens.
Continue Reading Kim Kardashian Ordered to Pay Over $1.26 Million for Securities Violation Arising Out of Crypto Endorsement
FTC Complaints and Class Actions Send Warning to Consumer Product Manufacturers and Retailers: Double-Check Your Product Warranties
In the past year, the FTC has promoted consumers’ so-called “right to repair.” In particular, the FTC has focused on the “Anti-Tying Rule” of the Magnuson-Moss Warranty Act (the “MMWA”), which limits manufacturers’ ability to steer consumers to manufacturer-affiliated repair shops. Plaintiffs’ firms have taken notice, filing a spate of class actions based on purported violations of the Anti-Tying Rule. These same firms have also filed a spate of consumer class actions against retailers alleging violations of the MMWA’s “Pre-Sale Availability Rule.” Manufacturers and retailers should confirm they are complying with the MMWA and state law.
Continue Reading FTC Complaints and Class Actions Send Warning to Consumer Product Manufacturers and Retailers: Double-Check Your Product Warranties