Faruki Blog

Brian Wright

About Brian Wright

Faruki Co-Managing Partner Read Bio

"Negative Option Marketing" Offers Need to be Crafted Carefully to Comply With Existing Federal and State Laws

The Federal Trade Commission ("FTC") announced recently a settlement with a company that used false "free" product offers for weight-loss pills,.. Read More

Release and Covenant Not to Sue Bars Subsequent Class Action: Ninth Circuit Affirms Dismissal of Putative Class Action

A recent decision from the United States Court of Appeals for the Ninth Circuit demonstrates that properly drafted covenants not to sue are needed in.. Read More

Data Breach Wake-Up Call: Ron Raether Discusses Hannaford Ruling and What it Means to the Breached Entities and Their Customers

Since the first data breach class actions were filed, complaints were often dismissed (and decisions affirmed by appellate courts). Courts found that.. Read More

FTC Targets Work-at-Home Programs and Announces Approval of Update and Revisions to Business Opportunity Rule

The Federal Trade Commission has been active recently in pursuing business opportunity sellers that market work-at-home opportunities. In the last.. Read More

Challenging Adequacy of Class Counsel: Misconduct Creating Serious Doubt that Counsel will Represent the Class Loyally Requires Denial of Certification

Defendants are often disinclined to attack the adequacy of class counsel in opposing class certification because challenges to the adequacy of class.. Read More

Early Class Certification Determinations and Use of Motions to Strike Supported by Sixth Circuit: Court Affirms Striking of Class Allegations and Rejects Certification of Nationwide Consumer Class Ac

Seeking to obtain early rulings on certification and avoiding the unnecessary burden and expense of defending meritless actions (at least through the.. Read More

Reebok Settlement May Signal Changes in FTC Enforcement Strategies: FTC Seeks Consumer Restitution, But Moves Away From Two Clinical Study Substantiation

The FTC's recent settlement with Reebok International Ltd. over advertising claims for its EasyTone and RunTone shoes may be intended to send a clear.. Read More

Although Not an "Adjudication," Refund Programs Can Still Defeat Class Certification in the Seventh Circuit

It is not uncommon for retailers and manufacturers to voluntarily reimburse consumers when faced with a product issue, allowing consumers to receive.. Read More

FTC Policing Mobile App Marketing Claims: "When it comes to curing acne, there’s no app for that." FTC Chairman, Jon Leibowitz.

iTunes and Amazon have made it fairly easy for developers to market and sell smartphone software applications (or "apps") directly to consumers... Read More

False Advertising: "Havana Club" Is Made in Puerto Rico? – Literally False Claims Can Be Cured By Carefully Crafting Advertising Messages "As a Whole"

The Third Circuit declares that when "no reasonable interpretation of the [advertising] as a whole could lead to the conclusion that it is false and.. Read More
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