Federal Trade Commission (FTC)

On December 20, 2022, the FTC originally noticed its solicitation for public comments regarding potential updates and changes to the Green Guides (Guides for the Use of Environmental Marketing Claims) on the Federal Register. While the original deadline to submit comments was February 21, 2023, the Federal Trade Commission (“FTC”) extended the public comment period to April 24, 2023.

Continue Reading Green Guides Update – Comments Closed, but the FTC Wanted to Hear More About Waste

The FTC’s past two weeks focused on privacy and cybersecurity as well as the Bureau of Consumer Protection successfully wrapping up multiple cases regarding various forms of unfair or deceptive acts or practices. The FTC launched its third action against Meta regarding user privacy issues. In addition, the FTC is seeking comments on a number of topics ranging from cloud computing to recycling. More on this, after the jump.

Continue Reading FTC Updates (May 1 – May 12, 2023)

This week the FTC released updates related to the Negative Option Rule and the proposed Business and Government Impersonation Rule. The FTC, along with three other federal agencies, issued a joint statement describing their commitment to enforce their respective laws and regulations to promote responsible innovation in automated systems, such as artificial intelligence. The Agency also requested over $500 million from the House Appropriations Subcommittee on Financial Services and General Governmentfor FY 2024, which would enable it to fund over 300 additional full-time employees. In addition, the agency announced that it would be sending over 41,000 refund checks to consumers that fell victim to alleged dark pattern practices for dental products. These stories and more after the jump.

Continue Reading FTC Updates (April 24 – April 28, 2023)

The FTC has continued its steady progress on enforcement actions following the ABA Antitrust Spring Meeting.  The agency is seeking to halt a hospital system merger based on alleged Hart-Scott-Rodino Act violations and is progressing on matters related to deceptive and misleading advertising.  These stories and more after the jump.

Continue Reading FTC Updates (April 17 – April 21, 2023)

The FTC is back to business after officials attended the annual ABA Antitrust Spring Meeting held in Washington, DC. Standing on the fundamental principles of antitrust, the FTC has issued orders protecting competition in the market of innovative cancer technology. The FTC has also been busy on the consumer protection front, issuing a flurry of orders, remarks, and letters regarding review hijacking, robocalls, right to repair, chargeback deception, franchise agreements, and online marketing.  In addition, Commissioners Khan and Bedoya gave speeches about hot topics in competition, and the Supreme Court issued a decision making it easier to challenge the constitutionality of agency proceedings. These stories and more after the jump.

Continue Reading FTC Updates (March 27 – April 14, 2023)

This week, the FTC filed a brief as Amicus Curiae in the U.S. District Court for the District of Delaware, issued a request for information on the business practices of cloud computing providers, and proposed a “click to cancel” provision in an ongoing review of the 1973 Negative Option Rule. These stories and more after the jump.

Continue Reading FTC Updates (March 20 – March 24, 2023)

This week, the FTC took action focused on deceptive advertising on social media platforms, for health treatments, and consumer goods. For the fourth time this year, the FTC opposed noncompete agreements imposed on workers and also introduced a proposed rule banning noncompetes. These stories and more, after the jump.

Continue Reading FTC Updates (March 13 – March 17, 2023)

This week, the FTC extended the comment period for its proposed rule banning harmful noncompete agreements through April 19. As part of a trend in challenging this practice, the FTC struck down noncompetes that harmed low-wage security guard workers. The FTC also announced that it was sending nearly $2.4 million to consumers who were misled by a stock trading website. These stories and more after the jump.

Continue Reading FTC Updates (March 6 – March 10, 2023)

On February 27, 2023, the Federal Trade Commission (“FTC”) Division of Advertising Practices updated their business guidance on the usage of Artificial Intelligence (“AI”) for 2023. In their post titled “Keep your AI claim in check”, the FTC guides marketers on how best to legally and efficiently utilize AI in advertising and avoid AI washing. Building upon the FTC’s previous AI guidance of 2020 and 2021, this year’s iteration emphasizes that false or unsubstantiated claims about a product’s efficacy—including those that involve promises about the ability of AI—runs afoul of the FTC Act. Specifically, the FTC reminds marketers of the following questions that they should consider with the increasing use of AI in products:

Continue Reading Everyone’s Talking AI, Including the FTC: Key Takeaways from the FTC’s 2023 AI Guidance

This week, the FTC partnered with the Consumer Financial Protection Bureau to explore background screening issues affecting individuals who seek rental housing in the United States. For the first time, the Commission returned funds to consumers whose health data was compromised. Lastly, the Commission announced a workshop to discuss “recyclable” advertising claims. These stories and more after the jump.

Continue Reading FTC Updates (February 27 – March 3, 2023)