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Amidst AI Crackdown Hype, FTC Stakes Out Aggressive New Position on Unfairness and Means and Instrumentalities Liability

Much has already been said and written about the FTC’s recent enforcement initiative, dubbed ​“Operation AI Comply.” The coordinated sweep announced last month involved five separate FTC enforcement actions against companies...more

Why Dissenting Statements by FTC Commissioners Matter

Last week, the FTC, by a 3-2 vote along party lines, adopted its click-to-cancel rule, which purports to make it easier to cancel gym memberships, streaming services, and the like. [We wrote about it here.] The final rule...more

FTC to Study “Surveillance Pricing”

On July 23, 2024, the Federal Trade Commission (FTC) announced that it had voted unanimously to initiate a new study focused on how companies may be leveraging consumer purchasing behaviors to personalize pricing for...more

Consumer Redress Amount Doesn’t Add Up

Back in October of 2021, the FTC announced a settlement with Resident Home, LLC and its CEO, Ran Reske, for deceptively advertising its DreamCloud brand mattresses as being made with 100% USA-made materials. The...more

The FTC’s Proposal to Ban Noncompetes is on Shaky Legal Ground

By now, most of our readers have likely heard about the FTC’s proposed rule to ban noncompete clauses in employment contracts, including from Kelley Drye’s other posts on the topic discussing the sheer breadth of the proposal...more

FTC Insights: How Employers Can Prepare for a World Without Noncompetes

When the FTC proposes a rule that could regulate nearly every employer in the nation, we take notice. In this second installment of our series on the FTC’s proposed rule to ban noncompete agreements, we provide a pragmatic...more

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