FTC's Burden Of Proof Too Heavy For Piggybacking

Law360, New York (August 9, 2012, 1:33 PM EDT) -- There is no private right of action for violations of the Federal Trade Commission Act. Most of us also know, however, that aggressive plaintiffs' lawyers frequently try to "piggyback" on Federal Trade Commission enforcement actions by bringing private class actions premised on the same conduct as the FTC action.

This is one such tale. Here, the defendant (the wolf) huffed and puffed to the judge that the plaintiffs' case was made of straw and should be blown down. The judge, finding that the plaintiffs' claims were premised on a lack of substantiation not falsity, agreed.

In 2010, the FTC sued and...

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