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Rulemaking Process Enforcement Actions Unfair or Deceptive Trade Practices

Holland & Knight LLP

CFPB Seeks Dismissal of Pending UDAAP Examination Manual Litigation

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The CFPB on April 30, 2025, filed a joint stipulation to dismiss its appeal pending before the U.S. Court of Appeals for the Fifth Circuit regarding an agency policy that expands the scope of antidiscrimination oversight....more

Troutman Pepper Locke

Update on FTC’s CARS Rule

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As of April 27, 2025, the Federal Trade Commission (FTC) had not filed a petition for a writ of certiorari to appeal the Fifth Circuit’s decision vacating the Combating Auto Retail Scams Trade Regulation Rule (CARS Rule). The...more

Bradley Arant Boult Cummings LLP

PART 1: “Staying in Our Lane”: Andrew Ferguson’s FTC Philosophy on Privacy Enforcement

Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy...more

Mayer Brown

A Post-CARS Rule Brake? Not So Fast. Buckle Up for New Regulatory Activity in the Motor Vehicle Space

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The Fifth Circuit vacated the Federal Trade Commission’s (“FTC”) Combating Auto Retail Scams Trade Regulation Rule (“CARS Rule”) on January 27, 2025, determining that the FTC failed to follow its own procedural requirements...more

Kelley Drye & Warren LLP

Fraud Prevention, Worker Protection, and Fighting Alleged Big Tech Censorship: A Roundup of the New FTC’s Agenda after the First...

Wednesday, we covered President Trump’s firing of Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter and explored whether a two-member Commission constitutes a quorum for the agency to take formal action....more

Venable LLP

FTC Files Brief Defending “Click to Cancel” Negative Option Rule

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Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as autorenewal of...more

Morgan Lewis

Massachusetts Attorney General Issues Expansive ‘Junk Fees Rule’

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The Attorney General of Massachusetts recently promulgated rules expanding the scope of its enforcement against alleged “junk fees,” including business practices for consumer subscriptions, renewals, and recurring charge...more

Oberheiden P.C.

Targeting MLMs and Other “Money-Making Opportunity Sellers” Remains an FTC Priority in 2025

Oberheiden P.C. on

Targeting multi-level marketers (MLMs) and other “money-making opportunity sellers” has been among the U.S. Federal Trade Commission’s (FTC) top priorities in recent years. The FTC has pursued several enforcement actions...more

Kelley Drye & Warren LLP

FTC Takes Step to End ​“Tyranny of Big Tech” with RFI

As its first policy initiative under Chair Andrew Ferguson, the FTC announced a Request for Information (RFI) ​“to better understand how technology platforms deny or degrade users’ access to services based on the content of...more

Lathrop GPM

FTC Proposes Changes to Deter Deceptive Earnings Claims by Multilevel Marketers and Money-Making Opportunity Sellers

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On January 13, 2025, the Federal Trade Commission announced that it is seeking public comment on proposed changes to the Business Opportunity Rule and a proposed new Earnings Claim Rule to strengthen the agency’s tools to...more

McGlinchey Stafford

FTC’s CARS Rule Vacated — What Finance Companies Need to Know

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In a procedural decision, the U.S. Court of Appeals for the Fifth Circuit vacated the CARS Rule (officially, the Combatting Auto Retail Scams Trade Regulation Rule, sometimes known as the Vehicle Shopping Rule) which was...more

Kelley Drye & Warren LLP

A Respondent’s Wishlist: 10 Changes Businesses Would Like to See From the New FTC Bureau of Consumer Protection

With a Republican majority soon to be at the helm of the Federal Trade Commission, businesses are watching closely to see whether and how the regulatory landscape will shift. In this post, we break down ten things we, as...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Strikes Down FTC’s ‘Junk Fee’ Rule for Auto Dealers

On January 24, 2025, the Fifth Circuit Court of Appeals struck down an FTC rule aimed at curbing deceptive advertising and sales practices in the auto industry. The rule, which sought to prohibit certain “junk fees” and...more

Wiley Rein LLP

What Just Happened at the FTC and CFPB: Wiley Consumer Protection Download (January 24, 2025)

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In the two weeks before Inauguration, both the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) released a flurry of rulemaking developments, policy announcements, and enforcement filings and...more

Morrison & Foerster LLP

The FTC’s Final “Click-to-Cancel” Rule Faces Legal and Political Hurdles

The fate of the FTC’s long-awaited final “Click-to-Cancel” rule has become tangled in uncertainty as it faces numerous lawsuits and the new incoming presidential administration. In October, the FTC published its Final Rule...more

Holland & Knight LLP

The Expected Impact of the Election and Republican Control of Congress on the FTC

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The election of Donald Trump as president, combined with forthcoming Republican control of Congress, likely means significant change in how the Federal Trade Commission (FTC or Commission) is structured and approaches...more

Sheppard Mullin Richter & Hampton LLP

Minnesota AG Bans Tribal Lender from Doing Business within the State

On February 21, the Minnesota Attorney General settled an action against executives of a Montana-based tribal lender for alleged predatory lending practices. In its complaint, filed in October 2023, the AG alleged the company...more

Ballard Spahr LLP

Atlantic Union Bank to pay $6.2M for its unlawful overdraft opt-in practices

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On December 7, 2023, Atlantic Union Bank (the “Bank”) entered into a consent order with the Consumer Financial Protections Bureau (CFPB) related to its in-person and telephone overdraft opt-in sales practices during...more

Hogan Lovells

FTC proposal codifying “Made in USA” standard extends enforcement to online advertising, and enhances enforcement capabilities

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The Federal Trade Commission (FTC) on 22 June 2020 voted to adopt regulations codifying its long-standing Enforcement Policy Statement on U.S. Origin Claims (Policy Statement). The proposed regulations come after the FTC...more

Perkins Coie

SEC Touts Successes in Wake of Shutdown

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At this year’s PLI “SEC Speaks” conference held April 8-9, 2019, in Washington, D.C., the U.S. Securities and Exchange Commission’s leadership and staff showcased its 2018 successes and outlined initiatives that the SEC...more

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