Legal Library: Cases and Proceedings

In August 2023, the FTC reached a proposed consent order with Amgen Inc. to address the potential competitive harm that would result from Amgen’s $27.8 billion acquisition of Horizon Therapeutics plc. As part of a nationwide settlement of their challenge to the acquisition, the FTC and attorneys general from six states – California, Illinois, Minnesota, New York, Washington, and Wisconsin – also dismissed the related federal court preliminary injunction action, allowing the transaction to proceed, with the conditions imposed by the order. In December 2023, the FTC finalized the consent order with Amgen Inc. and appointed a monitor.

The Federal Trade Commission and the State of Florida have filed suit against Chargebacks911 for unfairly thwarting consumers who were trying to dispute credit card charges through the chargeback process.

In a complaint filed in federal court, the FTC and Florida charged that, since at least 2016, the “chargeback mitigation” company and its owners, Gary Cardone and Monica Eaton Cardone, have used multiple unfair techniques to prevent consumers from successfully winning chargeback disputes.

Chargebacks911 and its owners have agreed to a settlement that will prohibit them from working with certain high-risk clients and using deceptive tactics to stop consumers trying to dispute credit card charges through the chargeback process.

In January 2023, the FTC issued an order requiring Denver-based HomeAdvisor, Inc. – a company affiliated with Angi, formerly known as “Angie’s List” – to pay up to $7.2 million for using a wide range of deceptive and misleading tactics in selling home improvement project leads to service providers, including small businesses operating in the “gig” economy. The Commission announced approval of the final consent order in April 2023.

In November 2023, the FTC announced that California-based CRI Genetics, LLC (CRI) will pay a $700,000 civil penalty and will be barred from a wide range of deceptive practices to settle charges from the Commission and the California Attorney General that the company deceived users about the accuracy of its DNA reports.

The FTC alleged that NTS IT Care and its CEO, Jagmeet Singh Virk, tricked consumers into buying expensive and unnecessary tech support services and often claimed to be affiliated with Microsoft, Apple, and other tech companies.

The Federal Trade Commission is sending nearly $7 million in refunds to consumers who paid for health insurance but instead got medical discount plans pitched by Consumer Health Benefits Association (CHBA).

According to the FTC’s complaint against CHBA, related entities, and their owners, the company targeted consumers who searched online for information about affordable health insurance plans. CHBA telemarketers allegedly pitched consumers with a long list of false claims about the benefits of the discount plans, including that the plans were as widely accepted and would provide the same cost savings as legitimate health insurance companies, and also misled consumers about the company’s refund policies.

The FTC recovered almost $7 million pursuant to the terms of six final orders with defendants Guarantee Trust Life Insurance, Vantage America Solutions, Inc., Century Senior Services, Richard Holson, III, Barbara Taube, and Jeffrey Burman; Ronald and Rita Werner; John Schwartz; Louis Leo; Wendi Tow; and Consumer Health Benefits Association, National Benefits Consultants LLC, National Benefits Solutions LLC, and National Association for Americans.

In August 2023, the FTC approved a proposed consent order to resolve antitrust concerns surrounding Intercontinental Exchange, Inc.’s (ICE) proposed $13.1 billion acquisition of Black Knight, Inc. The proposed settlement ensures Black Knight’s divestiture of Empower and Optimal Blue, two businesses that provide critical services in the mortgage origination process. The FTC also secured other concessions to promote the success of the divested businesses. On November 3, 2023, the FTC approved the final consent order.  

In November 2022, the FTC announced it stopped internet phone service provider Vonage from taking consumers’ money without their consent and creating obstacles to those who try to cancel their service. Under a proposed court order agreed to by Vonage, the company will be required to pay $100 million to refund consumers harmed by its actions, make its cancellation process simple and transparent, and stop charging consumers without their consent. In October 2023, the FTC sent nearly $100 million in refunds to consumers who lost money as a result of internet phone service provider Vonage imposing junk fees and creating obstacles to those who try to cancel their service. 

The Federal Trade Commission sued to stop four related defendants from deceptively marketing their 1 Virus Buster Invisible Mask (Invisible Mask) that purportedly creates a three-foot barrier of protection against 99.9 percent of all viruses and bacteria, including COVID-19 – without any scientific proof that the product actually works.