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Rulemaking Process FTC Act

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

Kelley Drye & Warren LLP

Can Two FTC Commissioners of the Same Party Constitute a Quorum?

Tuesday, President Trump fired the two Democratic members of the Federal Trade Commission, Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter. President Trump’s action leaves Chair Andrew Ferguson (R) and Commissioner...more

Venable LLP

FTC's "Click-to-Cancel" Rule Challenged by Industry in the Eighth Circuit

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Last week, a security services company and several trade groups filed their merits brief in the U.S. Court of Appeals for the Eighth Circuit challenging the Federal Trade Commission’s (FTC) newly adopted Negative Option Rule,...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

Orrick, Herrington & Sutcliffe LLP

5th Circuit strikes down FTC’s CARS Rule

On February 4, the U.S. Court of Appeals for the Fifth Circuit struck down the FTC’s Combating Auto Retail Scams Trade Regulation Rule (CARS Rule), which aimed to address deceptive practices such as bait-and-switch tactics...more

BakerHostetler

5th Circuit Slams the Brakes on FTC’s CARS Rule

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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

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

The End of the Khan Era

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After much conversation, it is now official. Andrew Ferguson is the new chair of the Federal Trade Commission and Lina Khan is not, though she remains until January 31....more

Venable LLP

FTC Issues Proposed Rulemakings Related to Deceptive Earnings Claims

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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

Seyfarth Shaw LLP

Fifth Circuit Set to Weigh Challenge to FTC’s CARS Rule - Seyfarth's Future of Automotive Series

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The administrative challenge brought by the National Automobile Dealers Association (NADA) and another trade association against the Combating Auto Retail Scams (“CARS”) Trade Regulation Rule, issued last year by the Federal...more

Hinch Newman LLP

Leading FTC Defense Lawyer on Agency Consumer Protection Investigation Procedures

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Generally speaking, investigatory procedures, including use of compulsory process, may be used by Federal Trade Commission (FTC) attorneys in connection with the spectrum of activities that the agency is authorized or...more

Davis Wright Tremaine LLP

April 2024 UDAAP Bulletin

Federal Trade Commission. Deceptive real estate listings. On April 3, 2024, FTC announced close to $62 million in refunds for consumers misled by deceptive marketing and advertising practices used by Opendoor Labs, Inc., an...more

BakerHostetler

Comments Hijack ‘Review Hijacking’ Provision of Proposed Rule on Reviews

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We’ve written a lot about Federal Trade Commission (FTC or the Commission) Rulemaking recently, but that doesn’t mean there can’t still be new and interesting things that occur. Take, for example, the FTC’s recent...more

BakerHostetler

In Case You Were Focused on the Holidays and Not the FTC - It’s COPPA and Facial Recognition Time

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The FTC has become big on the late December surprise. In late December 2022, the agency announced the health claims guidance, which was quite a big deal for advertisers. This December there were two late December...more

Mintz - Antitrust Viewpoints

Continue to Watch Out for the FTC — AI: The Washington Report

The accelerating advances in artificial intelligence (“AI”) and the practical, legal, and policy issues AI creates have exponentially increased the federal government’s interest in AI and its implications. In these weekly...more

Ballard Spahr LLP

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

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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

Davis Wright Tremaine LLP

April 2023 UDAAP Bulletin

The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau and the Federal Trade Commission regarding...more

ArentFox Schiff

February Privacy Report: FTC Expands Its Use of “Unfairness” Authority in GoodRx Matter

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GoodRx Faces Million Dollar Proposed Penalty from FTC in First Enforcement Action Under the Health Breach Notification Rule - Settlement reveals views on application of unfairness authority to sharing of sensitive...more

Womble Bond Dickinson

FTC Non-Compete Ban: Don’t Panic! (But Be Prudent and Prepare)

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On January 5, the Federal Trade Commission caught the attention of employers across the country by issuing a Notice of Proposed Rulemaking (NPRM). The proposed rule would ban the vast majority of non-compete clauses used in...more

Proskauer - Law and the Workplace

Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...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

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

BakerHostetler

What to Expect on Privacy with a New Democratic Majority at the FTC

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It has been just over one year since Lina Khan was confirmed by the Senate and designated Federal Trade Commission (FTC) chair by the president. At the outset of her tenure, she had a Democratic majority, which ended in...more

Buchalter

Loan Providers Using Automated Decision-Making Face New Wave of Regulatory Pressure

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Automated and algorithmic decision-making tools have become run-of-the-mill in everything from loan and apartment applications to employment searches and university acceptances. Such tools provide increased efficiency,...more

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