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.
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.
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.
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.
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.
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:
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.
The FTC finalized orders requiring two manufacturers to drop noncompete restrictions that they imposed on workers. It also hosted an Asia-Pacific Cooperation Workshop on competition advocacy. These stories and more after the jump.
Continue Reading FTC Updates (February 20 – February 24, 2023)
Valentine’s Day at the FTC was marked by the Commission’s breakup with one of its longtime Commissioners, who abruptly announced her retirement in a splashy op-ed that garnered significant media attention. The agency also announced a new Office of Technology and proposed consent orders related to “review hijacking” and robocalls. These stories and more after the jump.
Continue Reading FTC Updates (February 6 – February 17, 2023)
The FTC has continued its strong start to the new year with enforcement actions related to false advertising in the healthcare industry and misleading conduct in the “gig” economy as well as revising the merger reporting thresholds and filing fees. These stories and more after the jump.
Continue Reading FTC Updates (January 16 – January 27, 2023)