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Key takeaway #1 – The FTC’s request for public comment is a notable sign that the federal government is investigating online content moderation practices.

Key takeaway #2 – Companies should prepare for the possibility of a new legal landscape where content moderation practices face new legal challenges.

On February 20, 2025, the Federal Trade Commission launched an “inquiry” into “tech censorship” by calling for public comments from those who “may have been harmed by technology platforms that limited their ability to share ideas or affiliations freely and openly.” The deadline for comments is May 21, 2025.

While promulgated under the banner of protecting citizens’ rights to speech, this “inquiry” marks the Trump Administration’s first official action to address how businesses edit, moderate, and deliver user generated content online. The repercussions are widesweeping as any business with an online presence—whether selling products, allowing users to post content or commentary—may be at risk of further investigation. This also may be the precursor to changes in law that governs internet activity in the United States.Continue Reading The FTC’s Request for Public Comment on Online Content Moderation – Are You Ready for a Sea Change?

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

The FTC has been active in the weeks leading up to a change in administration. The Commission has ordered that companies and the individuals who run them pay refunds paid to consumers they have allegedly misled, doubled down on enforcement against companies attempting to enforce no-hire agreements, and approved revisions to thresholds under Section 7 and 8 of the Clayton Act. These stories and more, after the jump.Continue Reading FTC Updates (December 30 – January 10, 2025)

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

The FTC closed out the year with significant developments in rulemaking, consumer protection enforcement actions, and priority setting for the new year.  From issuing the much-anticipated final Junk Fees Rule, to announcing its potential largest monetary judgment against an auto dealer, to further developing its Operation AI Comply initiative, the Commission ended 2024 on a busy note.  These stories, and more, after the jump.Continue Reading FTC Updates (December 16 – December 27, 2024)

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

As the year concludes, the FTC has been quite busy. Not only has the upcoming leadership transition meant the FTC has been working on a variety of matters, the transition has also highlighted stark differences in the Commissioners’ perspectives on enforcement. For example, Commissioners Holyoak and Fergusons published strong dissenting statements regarding the withdrawal of the Collaboration Among Competitors guidance and the first Robinson-Patman Act matter in nearly a quarter century. All this and more –Continue Reading FTC Updates (December 9 – 13, 2024)

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

To kick off the last full month of the current presidential administration, the Federal Trade Commission’s activity included numerous consumer protection updates. Privacy and cybersecurity and online retailers (especially home security systems) were a focus, including announced court orders and consumer payments for shipping practices, improper use of artificial intelligence, collecting and selling consumer location data, and obtaining financing for unqualified customers. On the competition side, the FTC issued its 2024 Report on Ethanol Market Concentration and proposed a consent order for a no-hire agreement. All this and more after the jump.Continue Reading FTC Updates (December 2-6, 2024)

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

The FTC’s activity in the leadup to Thanksgiving and Black Friday involved, appropriately enough, numerous consumer protection updates. The agency called funeral homes, investigated smart device manufacturers’ websites, and expanded a telemarketing rule to target tech support scammers. The Commission also announced an online workshop about predatory pricing, and reached a settlement related to an AI-powered security screening system. More information on these stories after the jump.Continue Reading FTC Updates (November 18-29, 2024)

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

The end of October brought refunds for tens of thousands of consumers harmed by deceptive credit offers and auto sales practices as well as the temporary shutdown of operations allegedly scamming millions of dollars from consumers enticed to sell goods online. All this and more after the jump.Continue Reading FTC Updates (October 28 – November 1, 2024)

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

The FTC updates include highlights from the FTC’s final amendment to its “click-to-cancel” rule and its proposed order against a company that allegedly violated the Franchise Rule. All this and more after the jump.Continue Reading FTC Updates (October 14 – October 18, 2024)