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Overreach, Data Privacy & More: A Rundown of the Fiscal Year 2024 FTC Budget Hearing

On Tuesday April 18, FTC Chair Khan, and Commissioners Bedoya and Slaughter spent almost three hours responding to criticism and compliments before the Subcommittee on Innovation, Data, and Commerce of the House Energy and...more

The Deletion of “Legitimate Business Activity” from the FTC’s Strategic Plan

For decades, the FTC has explained that the omission of information can lead to liability. It is also a canon of statutory construction that an amendment helps reveal legislative intent. And of course, your mother put it...more

Flexing the Agency’s Muscles: What FTC Notice of Penalty Offenses Really Means for Advertisers

Over the last ten days, 700 companies and 70 for-profit colleges received notice of the FTC’s intent to pursue civil penalties under Section 5(m)(1)(b), if these companies and colleges engage in certain conduct deemed by the...more

CFPB Rescinds “Abusive” Policy Statement, Signaling Broader and More Aggressive View of “Abusive” Authority

In a significant but unsurprising move, the CFPB announced today that it was rescinding a policy statement issued in January 2020 that sought to tether the Bureau’s “abusive” authority to certain limiting principles. The...more

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