Legal Library: Cases and Proceedings

The FTC sued RagingWire Data Centers, Inc. over allegations that the company misled consumers about its participation in the EU-U.S. Privacy Shield framework and failed to adhere to the program’s requirements before allowing its certification to lapse.  A proposed consent agreement that would settle those allegations was announced on June 30, 2020.  

A sprawling fundraising operation that allegedly scammed consumers out of millions of dollars will be permanently banned from charitable fundraising along with its owner and others involved in its operation as a result of a lawsuit brought by the Federal Trade Commission and Attorneys General of New York, Virginia, Minnesota, and New Jersey.

The operation is made up of multiple companies all under the control of owner Mark Gelvan, along with his associates Thomas Berkenbush, William English, and Damian Muziani. The complaint filed by the FTC and the states alleges that the defendants served as the primary fundraisers for a number of sham charities that were the subject of numerous law enforcement actions.

In response to an FTC complaint, in April 2020, a California-based marketer of a supplement consisting mainly of Vitamin C and herbal extracts has agreed to a preliminary order barring him from claiming that it is effective at treating, preventing, or reducing the risk of COVID-19. Pending the resolution of a parallel administrative case, the proposed preliminary order also bars Marc Ching, doing business as Whole Leaf Organics, from claiming that three CBD-based products he sells are effective cancer treatments. The Commission approved the final administrative order in this case in October 2020.

In response to an FTC complaint, in April 2020, a California-based marketer of a supplement consisting mainly of Vitamin C and herbal extracts has agreed to a preliminary order barring him from claiming that it is effective at treating, preventing, or reducing the risk of COVID-19. Pending the resolution of a parallel administrative case, the proposed preliminary order also bars Marc Ching, doing business as Whole Leaf Organics, from claiming that three CBD-based products he sells are effective cancer treatments.

The Federal Trade Commission has filed an administrative complaint challenging a proposed joint venture between Peabody Energy Corporation and Arch Coal. The transaction would combine their coal mining operations in the Southern Powder River Basin, located in northeastern Wyoming. The complaint alleges that the transaction will eliminate competition between Peabody and Arch Coal, the two major competitors in the market for thermal coal in the Southern Powder River Basin, and the two largest coal-mining companies in the United States. On Sept. 29, 2020, the U.S. District Court for the Eastern District of Missouri granted the FTC’s request for a preliminary injunction, and the parties abandoned their transaction.

Arko Holdings Ltd. and Empire Petroleum Partners, LLC have agreed to divest retail fuel assets in local gasoline and diesel fuel markets across four states to settle Federal Trade Commission charges that Arko’s proposed acquisition of Empire would violate federal antitrust law. The Commission announced final approval of the consent order in October 2020.