The FTC had an active week and addressed numerous topics, including ways to protect older adults and gig economy workers. Notably, the FTC released a report showing the rise in sophisticated dark pattern practices and the Commission’s commitment to combatting them. The Commission also announced a proposed rule targeting government and business impersonation scams. This story and more after the jump.
Thursday, December 16, 2021
Bureau of Consumer Protection: Deceptive and Misleading Conduct
- The FTC announced rulemaking geared towards combatting government and business impersonation fraud. During the COVID-19 pandemic, there has been a significant uptick in scammers utilizing various forms of communication to impersonate government agencies or businesses in order to steal money or a consumer’s
Monday, December 6, 2021
Consumer Protection: FTC’s Franchise Rule
- The FTC filed an amicus brief in pending litigation to advise the Supreme Court that the FTC’s Franchise Rule cannot be used to determine whether a franchisee is an employee or an independent contractor. The Franchise Rule, codified as 16 C.F.R. §§ 436–437, requires franchisors to provide certain material disclosures to all potential franchisees. In its brief, the agency explained that it enacted this Rule in 1978 in response to widespread deception in the sale of franchises, and that it should preempt state laws only if they offer less protection to prospective franchisees.