Legal Library: Cases and Proceedings

The Federal Trade Commission alleged that BlueHippo Funding, LLC, and BlueHippo Capital, LLC operated a deceptive computer financing scheme in violation of a federal court order. 

Online Trading Academy is required to offer debt forgiveness to thousands of consumers who purchased its “training programs,” while the company’s founder and other individuals will together pay between $5 and $9.1 million and turn over assets under the terms of a settlement with the FTC.

The FTC brought a lawsuit alleging that OTA, led by Eyal Shachar, had deceived consumers for years with claims that purchasers of OTA’s investment training were likely to generate significant income. OTA claimed that anyone could learn to use its strategy, and filled its sales pitch with testimonials and hypothetical trades showing significant profits. In August 2021, the Commission announced it is returning more than $5.4 million to defrauded consumers.

The Federal Trade Commission’s complaint against FleetCor, a company that sells fuel card services to businesses, alleges that it has charged customers at least hundreds of millions of dollars in hidden fees after making false promises about helping customers save on fuel costs. The case was filed in December 2019.

The FTC filed an administrative complaint charging that 1-800 Contacts, the largest online retailer of contact lenses in the United States, unlawfully orchestrated a web of anticompetitive agreements with rival online contact lens sellers that suppress competition in certain online search advertising auctions and that restrict truthful and non-misleading internet advertising to consumers. According to the administrative complaint, 1-800 Contacts entered into bidding agreements with at least 14 competing online contact lens retailers that eliminate competition in auctions to place advertisements on the search results page generated by online search engines such as Google and Bing. The complaint alleges that these bidding agreements unreasonably restrain price competition in internet search auctions, and restrict truthful and non-misleading advertising to consumers, constituting an unfair method of competition in violation of federal law.

In June 2020, the marketers of a low-level light therapy device (LLLT) called Willow Curve agreed to stop making allegedly deceptive claims that the device treats chronic, severe pain and associated inflammation, under a settlement with the FTC. 

In a complaint filed in federal court the FTC alleged that the marketers of Willow Curve promoted the device nationwide since 2014, touting it as a “smart” device that is “clinically proven,” even though they lack scientific evidence to support these claims. The order settling the complaint also requires two defendants to pay $200,000 each to the Commission. In August 2021, the FTC sent refunds totaling more than $350,000 to defrauded consumers.

The operators of a business coaching scheme will pay at least $1.2 million to settle Federal Trade Commission charges that they targeted people who were trying to start new businesses online and used deception to sell them bogus marketing products and services.

According to the FTC’s complaint, Position Gurus and Top Shelf Ecommerce, and their owners Aaron Poysky, Stacy Griego and Samuel Cohen Brown, targeted consumers who were looking for ways to make money by starting retail businesses on the Internet. The defendants found many of their targets by purchasing consumers’ contact information from other online business coaching operations that had already deceived the targets. In August 2021, the FTC sent refunds totaling more than $1.5 million to defrauded consumers.
 

The FTC filed a complaint in federal district court in September 2014 charging that AbbVie Inc. and its partner Besins Healthcare Inc. illegally blocking American consumers’ access to lower-cost alternatives to Androgel by filing baseless patent infringement lawsuits against potential generic competitors. In a June 2018 decision, the U.S. District Court for the Eastern District of Pennsylvania ruled that AbbVie used sham litigation to illegally maintain its monopoly over the testosterone replacement drug Androgel, and ordered $448 million in monetary relief to consumers who were overcharged for Androgel as a result of AbbVie’s conduct.

In September 2020, the Third Circuit affirmed the district court’s finding of liability on the FTC’s sham litigation claim, and reinstated the reverse payment claim, two important legal victories that protect competition in pharmaceutical markets.

While handing the Commission important legal victories, the Third Circuit reversed the district court’s nearly half-billion dollar monetary judgment for consumers, holding that the FTC is not entitled to disgorgement under 13(b) of the FTC Act. This determination was effectively affirmed by the Supreme Court’s decision in AMG Capital Management v. FTC.

Since the initial filing of the lawsuit, generic AndroGel products have entered the market, so that patients now benefit from competition among multiple suppliers. AbbVie and Teva are also now subject to Commission orders preventing them from entering into certain reverse-payment settlements. On July 30, 2021, the Commission announced that it has withdrawn its reverse-payment claim from federal district court, ending its litigation against AbbVie.