There are generally two paths that the Federal Trade Commission (FTC) takes for rulemaking. First, there may be a specific statute that gives the FTC specific rulemaking authority, such as the Children’s Online Privacy...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
On January 16, 2025, the Federal Trade Commission (FTC or Commission) finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule (Final Rule). The Final Rule adopts certain amendments that were proposed in...more
The Federal Trade Commission (FTC) has finalized its long-anticipated Rule on Unfair or Deceptive Fees (Final Rule), targeting hidden mandatory fees and ensuring transparent pricing disclosures to consumers. Unlike the Notice...more
On October 9, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral arguments on the challenge by the National Automobile Dealers Association and the Texas Automobile Dealers Association ("Petitioners") to the...more
Regulatory action and class action lawsuits related to pixels and other website technologies continued to surge in 2023 and 2024, particularly in the healthcare industry....more
For the first time in 46 years, the Federal Trade Commission (FTC) has approved extensive updates to the Hart-Scott-Rodino (HSR) Act premerger notification form and associated instructions, as well as the premerger...more
On October 10, 2024, the Federal Trade Commission (FTC) unanimously approved sweeping changes to the premerger filings required under the Hart-Scott-Rodino (HSR) Act. While the final rules differ significantly from the...more
The Federal Trade Commission (FTC), with the concurrence of the Department of Justice, has unanimously adopted sweeping changes to the Hart-Scott-Rodino Act (HSR) rules. ...more
Life's about to get more interesting for parties filing premerger notification and report forms under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976....more
The Federal Trade Commission (FTC) recently finalized its Rule on the Use of Consumer Reviews and Testimonials (Rule) to combat fake reviews and testimonials. The finalized Rule comes after the FTC reviewed 100 public...more
Robocalls may have always had some artificial flavor to them; however, the proliferation of the use of artificial intelligence (AI) continues to blur the line between human and machine interaction. ...more
On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) published a Notice of Proposed Rulemaking (NPRM) to amend Regulation V‒ which implements the Fair Credit Reporting Act (FCRA) ‒ limiting the inclusion of...more
Recent U.S. developments indicate a growing focus on regulating and investigating the data privacy practices of companies in the automotive sector. The Federal Trade Commission (FTC) recently highlighted in a blog post its...more
On April 16, the FTC published an NPRM for the Telemarketing Sales Rule (TSR) in the Federal Register to extend the TSR’s coverage to inbound telemarketing calls by consumers to include technical support service – i.e., calls...more
The wait for the final version of the revised Hart-Scott-Rodino (HSR) Filing Requirements is drawing to an end. At the ABA Antitrust Spring Meeting in Washington last week, Andrew Forman, a deputy assistant attorney general...more
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
In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding...more
On January 11, 2024, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking that would fortify the Children’s Online Privacy Protection Act (COPPA). This move underscores a significant shift in the...more
On December 20, 2023, the Federal Trade Commission (FTC) announced a Notice of Proposed Rulemaking (NPRM or Proposed Rule) to update its Children’s Online Privacy Protection Act (COPPA) rule (the Rule) for the first time...more
On February 15, 2024, the Federal Trade Commission (“FTC”) announced a supplemental Notice of Proposed Rulemaking (“NPRM”). The FTC has been the federal agency at the forefront of regulation in the Artificial Intelligence...more
The Federal Trade Commission (FTC) received over 270 comments to its notice of proposed rulemaking (NPRM) for the amendments to the Children’s Online Privacy Protection Rule (COPPA Rule) during the public comment period that...more
The Federal Trade Commission (FTC) issued a supplemental notice of proposed rulemaking (SNPRM) on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide...more
A new proposed rule would prohibit impersonating individuals or knowingly providing tools for unlawful impersonation — dramatically expanding the FTC’s AI enforcement capabilities. On February 15, 2024, the Federal Trade...more