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Rulemaking Process Advanced Notice of Proposed Rulemaking (ANPRM) Federal Trade Commission (FTC)

Ballard Spahr LLP

Fifth Circuit Court of Appeals strikes down FTC CARS Rule

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The Fifth Circuit Court of Appeals has struck down the FTC’s controversial CARS Rule, saying that the commission violated its own procedural rules by failing to issue an Advance Notice of Proposed Rulemaking (“ANPRM”) before...more

Troutman Pepper Locke

Fifth Circuit Vacates FTC’s CARS Rule

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Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion vacating the Federal Trade Commission’s (FTC) Combating Auto Retail Scams Trade Regulation Rule (CARS Rule). The decision came in...more

BakerHostetler

Keeping Up with the FTC Rulemakings - Part One

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We love two-parters. Who shot J.R.? Who shot Montgomery Burns? Well, perhaps this one won’t be quite as much fun – but checking in on FTC rulemakings also warrants the two-parter treatment. ...more

Venable LLP

Unpacking the FTC’s Negative Option Rule Informal Hearing

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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

BakerHostetler

Recapping the FTC Rulemakings Initiated Since 2021 - A Lot of Announcements and Just a Few Developments

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It has been just over two years since Lina Khan was appointed FTC Chair, and a hallmark of her tenure on the consumer protection side has been the enormous amount of rulemaking initiated by the agency. For a while, the agency...more

Venable LLP

FTC Issues New Rulemaking Proceedings on Customer Reviews and “Junk Fees”

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​​​​​​​Last week at its monthly open meeting, the Federal Trade Commission (FTC) unveiled two new rulemaking proceedings: the first deals with deceptive customer reviews and endorsements and the second with so-called junk...more

BakerHostetler

The 15th Commission Meeting Brings Us Back to the 1970s with More Rulemaking

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​​​​​​​If there were any question whether the current Federal Trade Commission (FTC) was reenacting the 1970s, that question has been put to rest. And unfortunately, it’s not about seeing Grace Jones, Liza Minnelli and Andy...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2022

In this month’s Privacy & Cybersecurity Update, we review the FTC’s proposed data privacy and cybersecurity rulemaking and the European Data Protection Board’s draft guidelines on the calculation of GDPR administrative fines....more

ArentFox Schiff

Privacy Report: FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security

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FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security - Concerned that companies use secret surveillance practices to collect “vast troves” of consumer information, the Federal...more

Perkins Coie

FTC Kicks Off Wide-Ranging Privacy Rulemaking

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The Federal Trade Commission (FTC) released an advance notice of proposed rulemaking (ANPRM) on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party-line vote, is the initial step...more

Hogan Lovells

FTC announces advanced notice of proposed rulemaking on commercial surveillance and data security

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The FTC has issued a long-anticipated Advanced Notice of Proposed Rulemaking (ANPR) regarding commercial surveillance and data security practices. The FTC invites public comment on a wide range of issues (through more than 95...more

WilmerHale

FTC Issues Long-Awaited Privacy-Focused Advance Notice of Proposed Rulemaking

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On August 11, 2022, the Federal Trade Commission (the FTC or the Commission) published an Advance Notice of Proposed Rulemaking (ANPR) to request public comment on the prevalence of “commercial surveillance and data security...more

Proskauer - New Media & Technology

Businesses That Use Consumer Data or Data Products (Everyone?) Take Heed: FTC Moves Ahead with Rulemaking Process on “Commercial...

On August 11, 2022, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPR) and announced it was exploring a rulemaking process to “crack down on harmful commercial surveillance” and lax data...more

ArentFox Schiff

Privacy Report

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CPPA Amends Draft CPRA Regulations & Announces Public Comment Dates - The California Privacy Protection Agency (CPPA) has announced amendments to the California Privacy Rights Act proposed regulations, which primarily...more

Sheppard Mullin Richter & Hampton LLP

FTC Proposes Updates to Telemarketing Sales Rule, Business to Business Exemption in Order To Protect Small Businesses

On April 28, the FTC proposed updating the Telemarketing Sales Rule (TSR) to extend protections against telemarketing tricks and traps to small businesses and to strengthen defenses against other telemarketing schemes that...more

BakerHostetler

The 11th Public Commission Meeting - Talking About Telemarketing, AMG and, Yes, Dream Incubation

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We made it to the 11th public commission meeting. Now, one person who didn’t make it to the meeting today (or at least did not appear on the main screen) was Alvaro Bedoya. We had heard that his confirmation vote to become...more

Wiley Rein LLP

Wiley Consumer Protection Download (February 22, 2022)

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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

Kelley Drye & Warren LLP

The FTC Seeks Comments and Signals Changes to Come in New Rulemaking on Earnings Claims

As we previewed last week here, the FTC released an Advanced Notice of Proposed Rulemaking (ANPR) on earnings claims as it embarked on a mission to adopt a rule that would give the FTC, in its own words, “an important new...more

BakerHostetler

A Return to Substance: The 8th Public Commission Meeting Kicks Off Yet Another Mag-Moss Rulemaking

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Having recovered from the exceedingly lackluster seventh Federal Trade Commission (FTC) meeting, the two-hour eighth meeting had actual votes and a bit of drama. But be careful what you ask for. ...more

Venable LLP

FTC Approves Rulemaking Process for Earnings Claims

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The latest edition of the FTC’s recent practice of holding open meetings brings a potential rule regarding earnings claims to the forefront. During the FTC’s open meeting, the Commission unanimously approved issuing an...more

Vinson & Elkins LLP

2021 Energy and Chemicals Antitrust Report

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Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more

Sheppard Mullin Richter & Hampton LLP

FTC 2022 Regulatory Priorities to Include Privacy and Security

As we look to 2022, a question on many companies’ minds is what actions we will see from the FTC. Two recent developments are important on that front. First, the FTC recently signaled its intent to initiate rulemaking on...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #312 -Impersonation Fraud Increased During Pandemic

Another fall-out from the pandemic is that impersonation fraud has increased dramatically. According to the Federal Trade Commission, “the COVID-19 pandemic has spurred a sharp spike in impersonation fraud, as scammers...more

Foley Hoag LLP

FTC Invites Public Comments on Proposed Changes to HSR Rules - Update

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Updated from the November 9, 2020 Alert - UPDATE: The Notice of Proposed Rulemaking (NPRM) and Advanced Notice of Public Rulemaking (ANPRM) were published on December 1, 2020. Comments on the NPRM and the ANPRM must be...more

Foley Hoag LLP

FTC Invites Public Comments on Proposed Changes to HSR Rules

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Starting this week, the Federal Trade Commission (FTC) will host three public Question and Answer sessions as part of its ongoing HSR Rulemaking initiative. The Q&A sessions will address the sweeping changes to the...more

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