News & Analysis as of

Federal Trade Commission (FTC) Advanced Notice of Proposed Rulemaking (ANPRM)

Mintz - Antitrust Viewpoints

FTC Cracks Down on AI-Generated Fake Reviews – AI: The Washington Report

On August 14, the FTC announced its much-anticipated final rule banning fake reviews and testimonials. The final rule prohibits the purchase, sale, and dissemination of fake reviews, incentivized reviews, and certain...more

BakerHostetler

Deeper Dive: FTC in 2024 Continues Aggressive Privacy Path - But Don’t Forget About that Rulemaking

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We have seen a dizzying amount of Federal Trade Commission (FTC or Agency) enforcement on the privacy front in 2024, with a heavy focus on the collection and sharing of health data, browsing and geolocation data, and...more

Ballard Spahr LLP

Fifth Circuit Court of Appeals Schedules Oral Arguments in CARS Rule Challenge for Oct 7

Ballard Spahr LLP on

The Fifth Circuit Court of Appeals has set oral arguments for Oct. 7 in the challenge of the Federal Trade Commission’s Combating Auto Retail Scams Rule (“CARS Rule”). The petition, filed on January 5, 2024 by the National...more

Akin Gump Strauss Hauer & Feld LLP

Protecting Americans’ Data from Foreign Adversaries Act of 2024

On April 24, 2024, President Biden signed into law H.R. 815, a national security and foreign aid package which includes the “Protecting Americans’ Data from Foreign Adversaries Act of 2024” (“PADFA”). The Act establishes new...more

Ballard Spahr LLP

FTC files opposition to petition challenging CARS Rule in the 5th Circuit

Ballard Spahr LLP on

On May 14, 2024, the Federal Trade Commission’s (“FTC”) filed its brief in opposition to Petitioners’ Brief in the legal challenge to the Combating Auto Retail Scams Rule (“CARS Rule”). The petitioners are the National...more

Paul Hastings LLP

Public Company Watch: March 2024

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In the March edition of our Public Company Watch, we cover key issues impacting public companies, including the new climate disclosure rules, SEC scrutiny on beneficial ownership filings, West Palm Beach Firefighters’ Pension...more

Mintz - Antitrust Viewpoints

Proposed FTC Rule Would Hold AI Companies Liable for “Deepfake” Impersonation Scams — AI: The Washington Report

After over two years of consultation and review, on February 15, 2024, the Federal Trade Commission (FTC or Commission) finalized a rule prohibiting the impersonation of government agencies or businesses in matters “in or...more

BakerHostetler

Keeping Up with the FTC Rulemakings - Part One

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We love two-parters. Who shot J.R.? Who shot Montgomery Burns? Well, perhaps this one won’t be quite as much fun – but checking in on FTC rulemakings also warrants the two-parter treatment. ...more

Venable LLP

Unpacking the FTC’s Negative Option Rule Informal Hearing

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Earlier this week, the Federal Trade Commission (FTC) held its informal hearing on the proposed amendments to the Negative Option Rule. Clearly on display was not only industries’ concern about the impact of the proposed...more

Eversheds Sutherland (US) LLP

CFPB previews consumer data portability rule meant to accelerate US open banking adoption

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued an advance notice of proposed rulemaking (ANPR) with respect to a new consumer financial data portability rule mandated by Section 1033 of the...more

Ballard Spahr LLP

FTC issues proposed rule to regulate “junk fees”

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As part of the White House’s latest round of efforts targeting so-called “junk fees,” the Federal Trade Commission has issued a proposed rule, “Rule on Unfair or Deceptive Fees.” The proposal follows the FTC’s issuance in...more

Holland & Knight LLP

Holland & Knight Data Privacy and Security Report: September 2023

Holland & Knight LLP on

Welcome to Holland & Knight's monthly data privacy and security news update that includes the latest in policy, regulatory updates and other significant developments. ...more

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker – August 2023 Update

The FTC took a bit of a break in August, issuing only one Notice of Proposed Rulemaking on a relatively low-profile topic—Power Output Claims for Amplifiers Used in Home Entertainment Products. While the Proposed Rule is...more

BakerHostetler

Recapping the FTC Rulemakings Initiated Since 2021 - A Lot of Announcements and Just a Few Developments

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It has been just over two years since Lina Khan was appointed FTC Chair, and a hallmark of her tenure on the consumer protection side has been the enormous amount of rulemaking initiated by the agency. For a while, the agency...more

ArentFox Schiff

Generative Artificial Intelligence, Data Minimization, and the Gold Rush of the Early 2020s

ArentFox Schiff on

In the United States, the principle of data minimization is embedded firmly within the Federal Trade Commission (FTC) Act, through FTC enforcement activities, and in the host of state-level privacy laws and rules that have...more

Proskauer - Minding Your Business

USPTO Announces Slate of Proposed Rule Changes

On April 20, 2023, the United States Patent and Trademark Office (USPTO) announced several proposed rule changes that would have an impact on patent applicants, patent holders, and patent challengers. A common thread running...more

Wiley Rein LLP

Wiley Consumer Protection Download (June 5, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Wiley Rein LLP

FTC Issues Policy Statement on Biometric Information, Signaling a New Enforcement Priority

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At the Federal Trade Commission’s (FTC or Commission) May 2023 Open Commission Meeting, the FTC voted unanimously to approve a Policy Statement on Biometric Information and Section 5 of the FTC Act (the Policy Statement). The...more

Hinch Newman LLP

Roundup of Recent FTC Consumer Protection Matters of Interest to Digital Advertisers

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February 2023 has been a busy couple of months at the Federal Trade Commission. High-profile consumer protection actions and announcements span a broad spectrum of digital advertising and marketing. From “review hijacking,...more

Foster Garvey PC

Online Travel Update: Google Updates Upcoming

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Our weekly Online Travel Update for the week ending Sunday, January 27, is below. This week’s Update provides updates on both DOT’s and FTC’s recent rulemaking efforts around “hidden” industry fees. Enjoy....more

Wiley Rein LLP

NTIA Releases Request for Comment Regarding Data Privacy, Equity, and Civil Rights

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On January 18, 2023, the National Telecommunications and Information Administration (NTIA) released a Privacy, Equity, and Civil Rights Request for Comment (RFC), which is “intended to examine the persistence of...more

Hinch Newman LLP

FTC Compliance Attorney Foreshadows Evolving Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce...

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The Business Opportunity Rule (“Biz Opp Rule”) was first adopted in 2012. It applies to commercial arrangements where a seller solicits a prospective buyer to enter into a new business, the prospective purchaser makes a...more

Foley Hoag LLP - Security, Privacy and the...

Thirty-Three State Attorneys General Show Support for FTC’s Proposed Crackdown on “Commercial Surveillance”

On August 22, 2022, the Federal Trade Commission (“FTC”) indicated through the Advanced Notice of Proposed Rulemaking its intent to limit commercial surveillance – the common corporate practice of collecting, analyzing, and...more

Dechert LLP

Dechert Cyber Bits - Issue 25

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SEC Division of Examinations Issues Risk Alert on Regulation S-ID and Identity Theft Prevention Programs - On December 5, 2022, the Securities and Exchange Commission (“SEC”) Division of Examinations (“EXAMS”) issued a...more

Hinch Newman LLP

FTC Lawyer on What Marketers Should Know About Endorsement Guide Penalty Offense Notices and CIDs

Hinch Newman LLP on

The FTC continues to issue Notices of Penalty Offenses concerning FTC Endorsement Guide violations to digital advertisers and marketers, both alone and in conjunction with the issuance of FTC Civil Investigative Demands. ...more

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