News & Analysis as of

Enforcement Authority Federal Trade Commission (FTC)

Hudson Cook, LLP

FTC Expands Creative Use of Gramm-Leach-Bliley Act to Recover Consumer Redress from Defendants

Hudson Cook, LLP on

In 2021, the U.S. Supreme Court held unanimously in AMG Capital Management, LLC v. Federal Trade Commission that the Federal Trade Commission is not entitled to consumer redress in cases brought under Section 13(b) of the FTC...more

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

Venable LLP on

These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

BakerHostetler

The Chevron Decision Will Create Some Challenges for FTC Law Enforcement and Rulemaking

BakerHostetler on

It was certainly a memorable final week for the Supreme Court this term. There has been quite a lot to digest, and the impact and implications are broad and significant. But for now, let’s look through a narrow lens and focus...more

Fenwick & West LLP

Does Your AI Chatbot 'Hallucinate'? Beware.

Fenwick & West LLP on

The FTC Act grants the Federal Trade Commission (FTC) significant authority to create tailored rules and guidance protecting consumers across various aspects including advertising and privacy. When it comes to AI chatbots...more

BakerHostetler

The Protecting Americans’ Data from Foreign Adversaries Act - What Digital Advertisers, Publishers and Ad Platforms Need To Know

BakerHostetler on

The Protecting Americans’ Data from Foreign Adversaries Act (PADFA or the Act) was signed into law by President Joe Biden on April 24 as part of a larger foreign aid appropriations bill. Although other portions of the...more

Wiley Rein LLP

[Webinar] The FCC’s Expanding Enforcement Reach: Five Things You Need to Know - May 30th, 12:00 pm - 1:00 pm EDT

Wiley Rein LLP on

While the FCC is well-known for broadcast and telecom regulation, the Commission regulates broadly, reaching communications networks, the marketing and sale of electronic devices, space-based services, diverse grant and...more

Venable LLP

Data Restrictions in the 21st Century Peace through Strength Act

Venable LLP on

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act...more

Latham & Watkins LLP

FTC Refines Road Map for AI Enforcement

Latham & Watkins LLP on

The agency’s latest report and recent statements indicate its potential enforcement and regulatory priorities regarding artificial intelligence. On December 18, 2023, the Federal Trade Commission (FTC) released a report...more

Jones Day

FTC Seeks to Strengthen Privacy Protections of Children Online

Jones Day on

On December 20, 2023, the Federal Trade Commission ("FTC") announced a Notice of Proposed Rulemaking ("NPRM") to revise the Children's Online Privacy Protection Act ("COPPA") Rule to reduce the amount of information...more

Latham & Watkins LLP

Enforcement of “Interlocking Directorates” Accelerates With DOJ-Announced Resignations and FTC Consent Agreement

Latham & Watkins LLP on

Companies should take a proactive approach as US antitrust agencies continue to enforce Section 8 of the Clayton Act. The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) Antitrust Division (the...more

Holland & Knight LLP

Double Jeopardy for Double Counting? CFTC and FTC Both Scrutinize Fraud in Carbon Markets

Holland & Knight LLP on

The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more

Proskauer - Blockchain and the Law

U.S. Senate and House of Representatives Introduce Competing Crypto Regulation Bills

On July 12, 2023,  U.S. Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-N.Y.) proposed a revised version of their previously introduced crypto regulation bill to create better safeguards for the crypto industry...more

WilmerHale

FTC Emerges as Leader in Health Privacy Enforcement

WilmerHale on

Over the past year, the Federal Trade Commission (FTC) has emerged as a leading actor in the health privacy enforcement space, spearheading enforcement actions, policy statements, and regulatory changes all aimed at...more

Latham & Watkins LLP

EU-US Data Privacy Framework Goes Live: What Are the Practical Implications?

Latham & Watkins LLP on

The new framework provides an additional route for personal data transfers from the EEA to the US. On 10 July 2023, the European Commission (EC) took the final step to enable businesses to start relying on the new EU-US...more

Holland & Knight LLP

The FTC Is Regulating AI: A Comprehensive Analysis

Holland & Knight LLP on

Artificial Intelligence (AI) is rewriting norms and changing the way we interact with the world. It is likely AI will have an outsized impact on every facet of life; this could be the start of the next technological...more

BakerHostetler

Endorsements and Actual Usage - A Deep Dive into the FTC and State Attorneys General Lawsuits Against Google

BakerHostetler on

Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. You might...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Decision in Axon Enterprise, Inc. v. FTC Has Wide Reaching Implications for Administrative Enforcement Proceedings

On April 14, 2023, the Supreme Court issued a consolidated opinion in Axon Enterprise, Inc. v. FTC and SEC v. Cochran.[1] We previously covered the oral argument in these cases here. These cases address whether respondents...more

Epstein Becker & Green

Supreme Court Determines That Constitutionality of FTC’s Administrative Review Process Can Be Challenged in Federal District Court

The Federal Trade Commission (FTC) has the distinct advantage of being able to bring enforcement actions before its own administrative tribunals....more

Benesch

The FTC Has Not Taken Its Foot Off the Pedal on "Made in the USA" Claims

Benesch on

The fact that the Federal Trade Commission  (“FTC”) has been active over the last two-plus years is far from breaking news. While it has gained tremendous attention for its relatively new interest in certain big issues—e.g.,...more

Akin Gump Strauss Hauer & Feld LLP

SCOTUS Decision Sets Up Constitutional Challenges to FTC Administrative Proceedings

Key Points - In a unanimous decision, the Supreme Court held in Axon v. FTC that the FTC Act (and the SEC Act) do not prohibit a federal court from hearing challenges to the constitutionality of either Commission’s...more

Kramer Levin Naftalis & Frankel LLP

SCOTUS Unanimously Holds That Respondents in FTC and SEC Administrative Law Proceedings May Challenge the Constitutionality of...

On April 14, 2023, the Supreme Court issued a unanimous decision in two related cases, Axon Enterprise, Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), holding that respondents may challenge the constitutionality of...more

Hogan Lovells

U.S. Supreme Court clears the way for constitutional challenges to FTC, SEC

Hogan Lovells on

On April 14, 2023 the United States Supreme Court ruled in a unanimous opinion in Axon v. Federal Trade Commission that certain constitutional challenges to Federal Trade Commission (FTC) and Securities and Exchange...more

WilmerHale

ABA Spring Meeting Sessions Key Highlights From US Antitrust Enforcers' Statements (March 29–31, 2023)

WilmerHale on

Below are key highlights from statements by US antitrust enforcers at the ABA Antitrust Section’s Spring Meeting held from March 29-31 in Washington DC....more

WilmerHale

FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising

WilmerHale on

On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more

Oberheiden P.C.

FTC Investigation Defense: 10 Keys to a Favorable Outcome

Oberheiden P.C. on

The U.S. Federal Trade Commission (FTC) holds primary responsibility for enforcing the nation’s consumer protection and antitrust laws. While the FTC actions have traditionally focused on targeting large companies suspected...more

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