As consumer-facing product and service companies go head-to-head in an increasingly competitive marketplace, the risks of doing business are higher than ever before. Whether marketing your products to generate the highest return, navigating an increasingly aggressive enforcement environment or confronting complex litigation, it’s critical to avoid the abundant consumer protection roadblocks when charting the path to your business’s success.

This second webinar of the two-part virtual program “Consumer Protection: Establishing and Protecting Your Competitive Position”—co-presented by McDermott Will & Emery and the Association of Corporate Counsel Chicago (ACC Chicago)—addressed strategies and best practices for responding to different government investigations, defending against consumer protection class actions and utilizing litigation claims against competitors.

Below are key takeaways from the session.

FEDERAL TRADE COMMISSION (FTC) AND STATE ENFORCEMENT TRENDS

• The Supreme Court of the United States overturned a $1.25 billion summary judgment award and ruled 9-0 that the FTC could not obtain redress or disgorgement under Section 13(b) of the FTC Act in AMG Capital Management v. FTC.
  • Section 13(b) was the provision the FTC historically relied on for money in consumer protection matters.
  • The FTC turned to other provisions and methods, including their penalty offense authority, which in certain circumstances allows the FTC to obtain monetary redress when a company...

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