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It’s rulemaking week at the FTC, particularly within the Bureau of Consumer Protection. The agency announced multiple Advance Notices of Proposed Rulemaking for public comment in connection with its October 20, 2022 Open Commission meeting. These Notices and other FTC reports this week touch on fake reviews, illegal fees, protecting older consumers, right-to-repair issues, energy costs, and even funeral services. FTC Commissioners issued a joint statement responding to allegations that its staff traded stocks and funds more than those at any other major agency, while FTC Chair Lina Khan and Department of Justice Antitrust Division Assistant Attorney General Johnathan Kantor met with European competition officials on regulating digital markets. These stories and more after the jump.Continue Reading FTC Updates (October 10-21, 2022)

The FTC had a lighter week following Labor Day as the Commission hosted a public forum on its proposed rulemaking on commercial surveillance and lax data security practices. A D.C. federal court judge handed the FTC a victory when it denied a request from Facebook to turn over the FTC’s analysis of Facebook’s acquisition of Instagram and WhatsApp. The Commission ended the week by announcing its agenda for an open commission meeting scheduled for September 15. This story and more after the jump. Continue Reading FTC Updates (September 5-9, 2022)

The FTC unveiled its Proposed Rule on Commercial Surveillance and Data Security. The Commission relied on the COVID-19 Consumer Protection Act and the Made in USA Labeling Rule to refer a complaint against personal protective equipment (“PPE”) and light fixture manufacturers. The case marks the second time the FTC has used the Made in the USA Labeling Rule to target companies for allegedly deceptive claims. Commissioner Alvaro Bedoya spoke at the National Association of Attorneys General Presidential Summit on technology threats to consumer protection. These stories and more after the jump.Continue Reading FTC Updates (August 8-12, 2022)

The FTC had another light week as the Commission celebrated the anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy. The Associate Director of the FTC’s Division of Financial Practices testified before the House Committee on Oversight and Reform Subcommittee on National Security about the FTC’s efforts to address fraud against the military community. These stories and more after the jump.Continue Reading FTC Updates (July 11-15, 2022)

This week, the Commission announced that it blocked a hospital merger in Utah and New Jersey and ordered an oil and gas divestiture in Michigan. The FTC also issued a policy statement on exclusionary rebates and fees in prescription drug pricing and submitted a report to Congress on combatting online harms through innovation. Commissioner Noah Joshua Phillips issued a dissenting statement regarding the FTC’s report to Congress, and Commissioner Christine Wilson questioned whether the FTC’s Fuel Rating Rule under the Petroleum Marketing Practices Act is necessary. These stories and more after the jump. Continue Reading FTC Updates (June 13-17, 2022)

For the first time, the FTC used the Opioid Addiction Recovery Fraud Prevention Act to go after the promoter of an addiction treatment network. The 2018 law allows the agency to seek civil penalties for deceptive practices related to addiction treatment, and the case sparked dueling public statements from FTC Chair Lina Khan and Commissioner Christine Wilson. Later in the week, the Commission held an open meeting and discussed endorsements and testimonials in advertising, education technology, and the Children’s Online Privacy Protection Act. Following the meeting, the FTC released the long-awaited draft revised Guides Concerning the Use of Endorsements and Testimonials in Advertising for comment. These stories and more after the jump. Continue Reading FTC Updates (May 16-20, 2022)

This week, the FTC cracked down on day-trading investment advertising and Chair Khan discussed the agency’s enforcement priorities, including the proliferation of non-compete agreements. The Commission tentatively announced it will discuss expansive changes to the Telemarketing Sales Rule at its April 28 Open Commission Meeting. These stories and more after the jump.
Continue Reading FTC Updates (April 18-22, 2022)