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FTC Experts Do a Study on Risk-Taking, Preload Study Outcomes
“As a general rule, whenever your intuition conflicts with that of an economist, bet on your intuition. Economists are reverse indicators: they are ~always wrong.” – Nassim Nicholas Taleb. In case you...
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Network Marketing and COVID: Where are the boundaries?
TLDR; There is zero gray here. THE FIELD CANNOT COMMINGLE ANY CONTENT WITH COVID. Companies need to increase their efforts to police content referencing COVID; educate the field to avoid referencing...
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FTC Gets a Dose Of Its Own Medicine: Required to account for years of...
The FTC’s ability to regulate consumer markets is largely created and limited by Section 5 of the FTC Act. The FTC’s power comes from US, you and I legislatively, by way of our chosen representatives....
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Income Claims: Once a Challenge, Always a Challenge
Income and/or earnings claims have been a recurring topic of conversation on this blog for the last seven years. Time and time again we’ve addressed the regulatory risk of income claims that go...
View ArticleUnanimous Decision: FTC loses in Supreme Court decision
In a unanimous Supreme Court decision, the Supreme Court has held, “Section 13(b) does not authorize the Commission to seek, or a court to award, equitable monetary relief such as restitution or...
View ArticleLessons in Missing the Point – The MLM Industry is Now Expressly Targeted by...
In October 2020, FTC Commissioner Rohit Chopra and Samuel Levine, (now) Acting Director of the Bureau of Consumer Protection, authored an article in the University of Pennsylvania Law Review entitled,...
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FTC: The Empire Tries to Strikes Back
In the first Star Wars, the evil empire reveals its master plan of subjugating the galaxy with its awesome weapon: the Death Star. We all know how it ends, Luke Skywalker, against all odds, blows it...
View ArticleSo You Received a Notice of Penalty Offenses, Now What?
Roughly 1,100 entities received a Notice of Penalty Offenses from the Federal Trade Commission on October 26, 2021. It’s important to know that being a recipient does not mean you have previously or...
View ArticleThe FTC Should Not Be Trusted – Letter to 3 Members of Congress
I wrote a letter to my representatives in Congress in August of 2021. See below for the contents. The letter was sent to clearly oppose the FTC’s efforts to expand their power via Congress. This is how...
View ArticleYou Can’t Regulate Human Nature
The human mind is miraculous. The capacity for what we can achieve is without limits. Despite our great gifts, there’s one thing that will likely never change: our primal nature to seek immediate...
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