News & Analysis as of

FTC Act Regulatory Reform

Ballard Spahr LLP

Two former Democratic FTC commissioners file suit over dismissal

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The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more

Orrick, Herrington & Sutcliffe LLP

FTC appoints three new officials

On February 10, FTC Chairman Andrew N. Ferguson announced the appointments of three individuals. Lucas Croslow was appointed General Counsel of the FTC. Croslow was previously the Solicitor General of Virginia, where he...more

Bradley Arant Boult Cummings LLP

FTC’s “Click to Cancel” Rule to Simplify Subscription Cancellations Becomes Effective

The final text of the amended Negative Option Rule, featuring the new “Click to Cancel” program, goes into effect this week on Wednesday, January 15, 2025, and should become enforceable approximately four months later on...more

Jones Day

Here We Go Again: U.S. Congress Reintroduces New Comprehensive Federal Privacy Law

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With the bipartisan, bicameral proposed American Privacy Rights Act of 2024, the U.S. Congress seeks to adopt the first national personal data privacy and security law that would preempt comprehensive state privacy laws....more

White & Case LLP

Uncertainty Remains More Than One Year After the FTC Announces New “Unfair Methods of Competition” Policy

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On November 10, 2022, the Federal Trade Commission announced a significant change in how the FTC plans to enforce Section 5 of the FTC Act, which bans "unfair methods of competition in or affecting commerce." In doing so, the...more

Fenwick & West LLP

4 Antitrust Enforcement Trends for 2024

Fenwick & West LLP on

In the coming year, Federal Trade Commission (“FTC”) Chair Lina Khan and Department of Justice (“DOJ”) Assistant Attorney General of the Antitrust Division Jonathan Kanter are expected to continue to advance a more aggressive...more

Ballard Spahr LLP

FTC issues final CARS Rule setting new requirements on vehicle sales

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On December 12, 2024, the Federal Trade Commission (“FTC”) announced its Combating Auto Retail Scams Rule, otherwise known as the “CARS Rule,” setting new requirements on the sale, financing, and leasing of vehicles by motor...more

Troutman Pepper Locke

FTC and DOJ Announce Workshops on the 2023 Draft Merger Guidelines

Troutman Pepper Locke on

The Federal Trade Commission (FTC) and Department of Justice (DOJ), Antitrust Division announced that they will hold three workshops regarding their jointly issued Draft Merger Guidelines. The first virtual workshop will be...more

Epstein Becker & Green

The FTC Finalizes Changes to Endorsement Guides

In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are...more

Moritt Hock & Hamroff LLP

FTC Targets Amazon In Crackdown On ‘Dark Patterns’ Marketing Tactics

The Federal Trade Commission (FTC) alleged that Amazon used digital marketing tactics known as “dark patterns” to trick millions of customers into unknowingly enrolling in Amazon Prime auto-renewing subscriptions, while...more

Ballard Spahr LLP

FTC requests comment on consumer advocate petition regarding auto “yo-yo financing”

Ballard Spahr LLP on

On May 31, 2023, the Federal Trade Commission (“FTC”) requested public comment on a petition for rulemaking it received from six national consumer advocate groups regarding “yo-yo sales,” a term the groups use to refer to...more

Nelson Mullins Riley & Scarborough LLP

FTC Requests Public Comment on Refresh of Green Guides, Including Feedback on “Organic” and “Sustainable”

The Federal Trade Commission (“FTC” or the “Commission”) is seeking public comments on potential updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides” or “Guides”). The Green Guides are...more

Wyrick Robbins Yates & Ponton LLP

Abracadabra! The FTC Pulls a New Federal Breach Notice Standard out of its Hat

On May 20, 2022, with little fanfare and just five short paragraphs, the Federal Trade Commission announced that businesses must publicly report security incidents to prevent potential harms, even if no other applicable law...more

Sheppard Mullin Richter & Hampton LLP

Federal Trade Commission Petitioned To Investigate Electric Utilities

On May 18, a coalition of 235 consumer, environmental, and public interest groups penned a petition urging the Federal Trade Commission (“FTC”) to investigate alleged anticompetitive business practices undertaken by electric...more

Proskauer on Privacy

FTC Seeks to Move Beyond Notice and Consent to Restrict Data Collection and Use

Proskauer on Privacy on

The FTC indicated that it will use its rulemaking authority under the FTC Act’s Section 18 to create a new rule that will likely seek to rein in broad data collection and use. ...more

Stinson LLP

Antitrust Update: Despite Administration's Rhetoric, No Major Enforcement Changes are Imminent

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In recent weeks, the Biden administration issued two well-publicized messages about antitrust enforcement. These messages received significant media attention, with major news outlets reporting on the administration's...more

WilmerHale

House Subcommittee Pushes FTC Overhaul, Restricting Investigations and Consent Orders

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In an effort to “reduce some of the ambiguous legal liability” that exists under Section 5 of the FTC Act, the House Energy and Commerce trade subcommittee advanced eleven legislative initiatives consolidated into four bills...more

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