Posts tagged with: "misleading+or+deceptive+conduct"
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25 Apr 2023, 11:26 am
” Willful conduct is defined as conduct that is “voluntary and intentional, but not necessarily malicious. [read post]
25 Apr 2023, 11:22 am
Thus, the law was arguably broad enough to cover Tofurkey’s conduct. [read post]
24 Apr 2023, 9:01 pm
Nevertheless, the Policy Statement will be published in the Federal Register, and comments may be submitted until July 3, 2023.[5] BACKGROUND The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”)[6] makes it unlawful for any covered person or service provider to engage in any unfair, deceptive, or abusive act or practice.[7] The Dodd-Frank Act also provides the CFPB with rulemaking authority to define and prevent unfair, deceptive,… [read post]
24 Apr 2023, 6:28 am
These cases are just a few examples of how consumers fight against MCM’s unlawful and unethical conduct. [read post]
23 Apr 2023, 8:54 pm
Otherwise, reputation remains a relevant consideration in passing off suits, actions for misleading/deceptive conduct under the Australian Consumer Law and trade mark oppositions. [read post]
23 Apr 2023, 8:54 pm
Otherwise, reputation remains a relevant consideration in passing off suits, actions for misleading/deceptive conduct under the Australian Consumer Law and trade mark oppositions. [read post]
23 Apr 2023, 6:33 am
This is so because the decision appears to create certain parallels with the law of passing off and prohibitions against misleading or deceptive conduct in Australian consumer law (which permit the court to consider surrounding circumstances in which products are marketed and sold). [read post]
18 Apr 2023, 7:46 pm
” According to the FTC press release, a company’s “inclusion on the list does not in any way suggest that it has engaged in deceptive or unfair conduct. [read post]
18 Apr 2023, 10:25 am
[1] e.g., Notice of Penalty Offenses Concerning Deception or Unfair Conduct around Endorsements and Testimonials, Notice of Penalty Offenses Concerning Deceptive or Unfair Conduct in the Education Marketplace, and Notice of Penalty Offenses Concerning Deception or Unfair Conduct for Money-Making Opportunities [read post]
18 Apr 2023, 10:25 am
[1] e.g., Notice of Penalty Offenses Concerning Deception or Unfair Conduct around Endorsements and Testimonials, Notice of Penalty Offenses Concerning Deceptive or Unfair Conduct in the Education Marketplace, and Notice of Penalty Offenses Concerning Deception or Unfair Conduct for Money-Making Opportunities [read post]
18 Apr 2023, 1:39 am
” FTC must prove that the defendant committed same conduct and did so with actual knowledge that the conduct was unfair or deceptive. [read post]
17 Apr 2023, 4:58 pm
Drip pricing has been one of the Bureau’s deceptive marketing enforcement priorities, in addition to other misleading advertising related priorities including false or misleading performance claims, ordinary selling price (OSP) claims and sale claims and misleading endorsements and testimonials. [read post]
14 Apr 2023, 7:37 am
Making a claim that a product treats a serious disease without “at least one human clinical trial” that “(1) is randomized, (2) is well controlled, (3) is double-blinded . . . (4) is conducted by persons qualified by training and experience to conduct such studies, (5) measures disease end points or validated surrogate markers, and (6) yields statistically significant results. [read post]
13 Apr 2023, 11:17 am
A lawyer in private practice cannot practice under a deceptive, false, or misleading trade name or domain name. [read post]
12 Apr 2023, 8:29 am
Former AG Karl Racine originally brought the case in 2022 alleging that this conduct violated the District of Columbia Consumer Protection Procedures Act (“CPPA”). [read post]
3 Apr 2023, 2:26 pm
Investment fraud occurs when individuals or entities use deception or other illegal tactics to steal money from unsuspecting investors. [read post]
28 Mar 2023, 9:05 pm
For example, a major energy company, Santos, is currently defending litigation that alleges that the company has engaged in misleading and deceptive conduct by claiming it has a “clear and credible” plan to meet its 2040 net-zero emissions target. [read post]
27 Mar 2023, 9:01 pm
We continue to monitor the emergence of a potential circuit split regarding whether the Supreme Court’s 2019 decision in Lorenzo allows scheme liability under Rule 10b-5(a) and (c) without alleging dissemination and based solely on the same conduct as Rule 10b-5(b) misrepresentation claims. [read post]
27 Mar 2023, 7:18 am
The Federal Trade Commission Act’s prohibition on deceptive or unfair conduct can apply if you make, sell or use a tool that is effectively designed to deceive – even if that’s not its intended or sole purpose. [read post]
22 Mar 2023, 9:19 am
It’s important to conduct your own research and seek advice from independent sources before making any investment decisions. [read post]
