The Final Rules keep rolling in, but with a twist. Each of the two Final Rules released in March were accompanied by Supplemental Notices of Proposed Rulemaking. In both cases, the Supplemental Rulemakings, if adopted, would greatly expand the reach of the newly adopted Rulemakings.
On March 1, the FTC released a Final Rule prohibiting government and business impersonation schemes (the “Impersonation Rule”). The Impersonation Rule marks the first time since 1980 that the Commission finalized a new trade regulation rule prohibiting an unfair or deceptive practice. Along with the Final Rule, the FTC issued a Supplemental Notice of Proposed Rulemaking that would, among other things, amend the newly adopted Impersonation Rule by expanding its prohibitions to encompass the impersonation of all individuals.
On March 7, the FTC released its long-awaited Final Rule updating the Telemarketing Sales Rule (TSR). Among other things, the new TSR Rule extends telemarketing fraud provisions to cover business to business (B2B) calls and updates provisions on recordkeeping requirements. Simultaneous with the Final Rule, the FTC introduced a Supplemental Notice of Proposed Rulemaking to further amend the TSR. The Supplemental Rulemaking would extend the TSR’s reach to calls consumers make in response to an advertisement through any medium or to a direct mail solicitation.
We will provide additional analyses of these Rulemakings in the coming weeks.
To view the previous FTC Regulation Tracker updates, please see below:
FTC Regulation Tracker—January 2024
FTC Regulation Tracker—December 2023
FTC Regulation Tracker—November 2023
FTC Regulation Tracker—October 2023
FTC Regulation Tracker—August 2023
FTC Regulation Tracker—July 2023
FTC Regulation Tracker—June 2023
FTC Regulation Tracker—May 2023
FTC Regulation Tracker—April 2023
