Compliance Stuff

 What Does the FTC Final Rule Banning Fake Consumer Reviews and Testimonials Cover? The FTC Final Rule Banning Fake Consumer Reviews and Testimonials formalizes the prohibition of various practices relating to the use of consumer reviews and testimonials and sets forth which practices may be considered unfair or deceptive pursuant to the FTC Act.   In short, the Final Rule is i ntended to foster fair competition and protect consumers’ purchasing decisions.  In general, the Final Rule covers: (i) the purchase, sale or procuring of fake reviews or testimonials (for example and without limitation, a reviewer that does not exist, a reviewer that did not actually use or possess experience with the product or service, or a review that misrepresents actual experience); (ii) providing compensation or other incentives in exchange for reviews that express a particular sentiment; (iii) facilitating “insider” consumer reviews and testimonials that do not contain a clear and con...

  At present, the   Federal Trade Commission’s (FTC) final rule on non-competes   (the “Rule”) is set to go into effect on September 4, 2024 for virtually every for-profit employer in the United States. Though legal challenges  remain pending , there is uncertainty as to whether any nationwide injunction will be entered prior to September 4. Given the existing uncertainty, employers should consider preparing for compliance . At the very least, employers should focus on the potential implications of non-compliance. The Final Rule: Scope and Required, Individual Notice As a reminder, subject to limited exceptions discussed below, the Rule invalidates existing non-competes and prohibits future non-competes, regardless of industry and regardless of whether a worker is an employee or an independent contractor . The Rule bans all non-competes nationwide, including  de facto  non-competes , with narrow exceptions for (1) existing non-competes with “senior executiv...