With the Biden-Harris administration and Federal Trade Commission (FTC) Chair Lina Khan tenures now completed, we take a look back at the mountain of rulemaking carried out over the last few years. Khan’s ambitious agenda led...more
As part of a flurry of activity this week before the change in its leadership, the Federal Trade Commission (FTC) announced proposed rulemakings regarding deceptive earnings claims by multilevel marketers and money-making...more
1/20/2025
/ Advertising ,
Earnings Reports ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
MLM ,
MLM Industry ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
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
1/19/2024
/ Administrative Hearings ,
Administrative Procedure ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Federal Trade Commission (FTC) ,
Magnuson-Moss Act ,
NPRM ,
Proposed Amendments ,
Proposed Rules ,
Public Comment ,
ROSCA ,
Rulemaking Process
This week, the Federal Trade Commission (FTC) released a Proposed Rule, “Rule on Unfair or Deceptive Fees.” The Proposed Rule comes after the FTC solicited comments through its Advance Notice of Proposed Rulemaking in...more
10/12/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Brick-and-Mortar Stores ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
E-Commerce ,
Fees ,
Goods or Services ,
Governor Newsom ,
New Legislation ,
Proposed Rules ,
Public Comment
On September 19, Sam Levine, the director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined the agency’s priorities at the annual conference of the National Advertising Division. Here are the...more
9/20/2023
/ Advertising ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
Hidden Fees ,
NAD ,
Pricing ,
Proposed Rules ,
Trade Conference ,
Unfair or Deceptive Trade Practices ,
Website Design
Join us on August 2, 2023 for a webinar highlighting the key changes and revisions to the Federal Trade Commission's Endorsements and Testimonial Guides (Guides) and a discussion of the Commission's new proposed trade...more
Thirteen months after proposing sweeping changes to its Endorsements and Testimonial Guides (Guides), the Federal Trade Commission (FTC) has finalized its revised guidelines and released an updated set of FAQs to help guide...more
7/6/2023
/ Advertising ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Intermediaries ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Proposed Rules ,
Section 5 ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Payment service providers should take note of an expansive new rule proposed by the Federal Trade Commission (FTC) intended to protect consumer shoppers of goods and services sold on a subscription basis. For merchants...more
3/29/2023
/ Automatic Renewals ,
Cancellation Rights ,
Comment Period ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Marketing ,
Notice Requirements ,
Payment Processors ,
Proposed Rules ,
Recordkeeping Requirements ,
Subscription Services ,
Terms and Conditions
On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices and enforcing antitrust laws—proposed a rule that, if enacted, will...more
1/24/2023
/ 501(c)(3) ,
Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Unfair Competition
Non-compete agreements are under attack yet again. On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices—announced a new...more
The FTC is undertaking a historic effort to draft new rules that will impact every facet of the national economy. Many companies and legal scholars are questioning the FTC’s authority to draft certain of the broad rules it...more
The FTC is off to the races with another proposed rulemaking. On June 23, the FTC, by a 4-1 vote, issued a notice of proposed rulemaking (NPR) to combat what it perceives as “junk fees” and “bait-and-switch advertising...more
7/6/2022
/ Advertising ,
Automotive Industry ,
Automotive Loans ,
Car Dealerships ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Magnuson-Moss Act ,
Marketing ,
Proposed Rules ,
Rulemaking Process ,
Warranties