With the demise of the doctrine of Chevron deference at the U.S. Supreme Court in the Loper Bright Enterprises case, the future of the Federal Trade Commission’s broad rule banning noncompete agreements nationwide is...more
7/5/2024
/ Compensation & Benefits ,
Corporate Officers ,
Employees ,
Employer Responsibilities ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Securities Exchange Act ,
Unfair Competition
The big regulatory news out of the FTC in April was the issuance of a new Final Rule governing noncompete agreements. If it becomes effective, the new rule, which would ban most noncompetes nationwide, would radically change...more
On April 23, 2024, the Federal Trade Commission (FTC) voted to approve issuance of a Final Rule banning nearly all noncompete agreements nationwide. The Final Rule, a draft of which was released just one hour before it was...more
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
On December 20, the Federal Trade Commission (FTC) proposed its first significant updates to the Children’s Online Privacy Protection Act (COPPA) in a decade. If adopted, the FTC’s Notice of Proposed Rulemaking (the Proposed...more
On November 30, Massachusetts Attorney General Andrea Campbell (the “AGO”) unveiled a new proposed rule regulating “junk fees” and consumer subscriptions (the “Proposed Rule”). The Proposed Rule in large part mimics, and in...more
12/12/2023
/ Advertising ,
Automatic Renewals ,
Consumer Financial Products ,
Federal Trade Commission (FTC) ,
Fees ,
Financial Regulatory Reform ,
Financial Services Industry ,
Financial Transactions ,
Free Trials ,
Goods or Services ,
Proposed Rules ,
Regulatory Agenda ,
State Attorneys General ,
Subscription Services
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 big regulatory news out of the FTC in October is a Notice of Proposed Rulemaking on Unfair or Deceptive Fees, or as the Commission calls them, “Junk Fees.” As we explain in more detail in our article on the Proposed...more
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
In the last monthly Update to Manatt’s Regulation Tracker, we predicted that the Commission would not slow down for summer. How right we were....more
7/26/2023
/ Advertising ,
Department of Health and Human Services (HHS) ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Guidance ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Testimonial Statements
Less than two weeks ago, the Federal Trade Commission (FTC or Commission) issued its long-awaited update to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). Much ink has already been...more
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
The Federal Trade Commission (FTC) continues to expand its regulation of health care data to ensure the data remains protected when shared with consumer-facing applications....more
6/16/2023
/ Breach Notification Rule ,
Comment Period ,
Data Breach ,
Data Collection ,
Data Protection ,
Digital Health ,
Electronic Medical Records ,
Federal Trade Commission (FTC) ,
Notice of Proposed Rulemaking (NOPR) ,
PHI ,
Proposed Amendments ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform
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
Four federal agencies issued a unique Joint Statement this week on enforcement priorities related to “automated systems,” including artificial intelligence (AI). The short, three-page statement reiterated several actions or...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
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
In today’s Axon decision, the Supreme Court concluded that a litigant may directly challenge the constitutionality of the structure (and even the existence) of the Federal Trade Commission (FTC or Commission) and the...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
Many health tech and digital health companies offer subscription or membership services to clients and patients on an auto-renewal basis. Under this model, a subscriber’s credit card is automatically charged on a monthly,...more
4/6/2023
/ Auto-Renewal ,
Comment Period ,
Digital Health ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Membership Agreements ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Subscription Services
Yesterday, the Federal Trade Commission (FTC or Commission) announced a proposed update to its rules governing automatic renewals. If adopted, the revised rules would enhance the FTC’s authority to prosecute companies—as well...more
Last week, the FTC announced settlements in two health-related proceedings: the first regarding company adherence to privacy practices regarding sensitive health data and the second surrounding false and deceptive...more
3/9/2023
/ Breach Notification Rule ,
Consumer Privacy Rights ,
Data Breach ,
Data Privacy ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Claims ,
Healthcare ,
Popular ,
Targeted Digital Advertising ,
Unfair or Deceptive Trade Practices
Over the past few years, environmental, social and governance (ESG) issues have moved to the center of American discourse. Late last year, the Federal Trade Commission (FTC) joined the conversation when it published a Notice...more