The Final Rules keep rolling in, but with a twist. Each of the two Final Rules released in March were accompanied by Supplemental Notices of Proposed Rulemaking. In both cases, the Supplemental Rulemakings, if adopted, would...more
4/8/2024
/ Antitrust Provisions ,
Banking Sector ,
Data Security ,
Federal Trade Commission (FTC) ,
Final Rules ,
Healthcare ,
Labeling ,
NPRM ,
Telemarketing Sales Rule ,
Textiles ,
Unfair or Deceptive Trade Practices
We ended last month’s update noting that the Federal Trade Commission (FTC) had finalized its Combating Auto Retail Scams (CARS) Rule. Shortly following the Final Rule’s publication, the National Automobile Dealers...more
2/7/2024
/ CARS Rule ,
COPPA ,
Federal Breach Notification Standard ,
Federal Trade Commission (FTC) ,
Fees ,
Goods or Services ,
Labeling ,
NPRM ,
Regulatory Agenda ,
Telemarketing Sales Rule ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC or the Commission) had a busy December. While many of us were winding down for the holidays, the FTC finalized a new rule, requested comments on a new proposed rule and extended the comment...more
1/3/2024
/ Advertising ,
Breach Notification Rule ,
Consumer Financial Products ,
COPPA ,
Corporate Counsel ,
Data Collection ,
Federal Trade Commission (FTC) ,
Fees ,
Green Guides ,
Non-Compete Agreements ,
NPRM ,
Online Safety for Children ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Telemarketing ,
Telemarketing Sales Rule ,
Unfair or Deceptive Trade Practices
A number of interesting developments out of the Federal Trade Commission (FTC) this month. First, the FTC’s Notice of Proposed Rulemaking on “Junk Fees” was officially published in the Federal Register, meaning the 60-day...more
11/28/2023
/ Advertising ,
Breach Notification Rule ,
Federal Trade Commission (FTC) ,
Fees ,
Marketing ,
Non-Compete Agreements ,
NPRM ,
Regulatory Requirements ,
Safeguards Rule ,
Telemarketing Sales Rule ,
Unfair or Deceptive Trade Practices
The FTC took a bit of a break in August, issuing only one Notice of Proposed Rulemaking on a relatively low-profile topic—Power Output Claims for Amplifiers Used in Home Entertainment Products. While the Proposed Rule is...more
8/31/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automatic Renewals ,
Department of Health and Human Services (HHS) ,
Endorsements ,
Federal Breach Notification Standard ,
Federal Trade Commission (FTC) ,
FTC Act ,
Green Guides ,
New Rules ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Guidance ,
Regulatory Agenda ,
Telemarketing Sales Rule
The big regulation news out of the FTC this month is a Notice of Proposed Rulemaking that would amend the Commission’s Health Breach Notification Rule. As detailed in Manatt’s thought leadership piece on the subject, the...more
he two big consumer protection regulation stories out of the FTC this month are Negative Options and AI.
The FTC’s Negative Option rule would, among other things, require sellers to make it as easy for consumers to...more
In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to...more
4/26/2023
/ AMG Capital Management LLC v FTC ,
Cloud Service Providers (CSPs) ,
Endorsements ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Marketing ,
Non-Compete Agreements ,
Restrictive Covenants ,
Screening Procedures ,
Telemarketing Sales Rule ,
Tenants