Late Friday, the FTC announced that the Commission had voted 3-0 to extend the compliance deadline for the to-be-effective provisions of the Negative Option Rule, formerly known as the “Click to Cancel Rule.” While the...more
5/12/2025
/ Automatic Renewals ,
Compliance Dates ,
Consumer Protection Laws ,
Contract Terms ,
Corporate Counsel ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Final Rules ,
Negative Option Rule ,
Pending Litigation
The FTC issued FAQs to answer common questions about its Rule on Unfair or Deceptive Fees and to provide a small entity compliance guide in connection with the Rule. The issuance of the FAQs affirms that the current FTC, led...more
...the Senate confirmed Mark Meador as the newest Republican commissioner of the Federal Trade Commission with a 50-46 vote along party lines. Meador’s confirmation solidifies a Republican majority on the Commission,...more
Wednesday, we covered President Trump’s firing of Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter and explored whether a two-member Commission constitutes a quorum for the agency to take formal action....more
3/21/2025
/ Big Tech ,
Consumer Protection Laws ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fraud ,
Fraud Prevention ,
Labor Reform ,
Labor Regulations ,
Non-Compete Agreements ,
Regulatory Agenda ,
Rulemaking Process ,
Technology Sector ,
Unfair or Deceptive Trade Practices
As news hit last night that President Trump fired the two remaining Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter, many questions abound. Would Commissioners Bedoya and Slaughter contest the dismissals?...more
2024 was an action-packed year for followers of federal and state laws and regulations governing the disclosure of fees, or so-called “junk fee” laws....more
The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that...more
Fourteen months after proposing a far-reaching rule that would have overhauled the way fees are disclosed across sectors, the FTC today announced a significantly curtailed final rule limited to the sale of live-event tickets...more
President-elect Trump announced his picks to round out the Federal Trade Commission for his second administration. Trump tapped current Republican Commissioner Andrew Ferguson to be elevated to chair the agency, and nominated...more
Last Friday, the FTC’s final Negative Option Rule was published in the Federal Register, starting the clock on the effective dates for the agency’s expansive overhaul of requirements related to goods or services sold through...more
With the election decided, the speculation has begun. In our area of the law, that means a number of things, including what will happen at the FTC – with the current Commission and Chair Khan, with recently announced rules...more
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
Last year, we wrote about the FTC’s proposal to massively expand the Negative Option Rule to cover any goods or services involving a negative option or automatic renewal plan, including free trials, subscriptions, and repeat...more
Last week, advertising and legal professionals, experts, regulators, and business representatives convened in New York for the annual National Advertising Division (NAD) Conference to consider hot topics, share perspectives...more
Yesterday, the Federal Trade Commission issued a staff report documenting its review of 70 publicly available income disclosure statements from a wide range of multi-level marketing (MLM) and direct selling companies...more
Yesterday, the Federal Trade Commission announced its final rule addressing consumer reviews and testimonials. With this rule, the Commission takes aim at “fake” reviews and testimonials by prohibiting their sale or purchase...more
Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective on applicable standards governing the direct selling and multi-level...more
Over the past two years, we have seen FTC staff express its opinions on the state of the law in multiple ways. In December 2022, for example, staff issued its Health Products Compliance Guidance, intended to supersede the...more
After nearly a year without a Republican Commissioner after Christine Wilson’s resignation, the FTC will again have a full slate of five Commissioners – with two new Republican Commissioners in Melissa Holyoak and Andrew...more
The FTC yesterday filed a complaint and stipulated order against Bridge, It (dba “Brigit”), a fintech company that operates a personal finance mobile application that advertises cash advances to consumers. According to the...more
Big, BIG win for the direct selling industry, as Judge Barbara Lynn (N.D. Texas) grants judgment for Neora, LLC (formerly Nerium) on all of the FTC’s claims, including that the company was operating an illegal pyramid scheme...more
Today the FTC announced a proposed rule that could fundamentally alter how businesses across industries advertise prices and disclose fees to consumers. The proposed rule follows the FTC’s Advance Notice of Proposed...more
On the Friday before a long 4th of July weekend, the FTC delivered some light beach reading in the form of a 100-page notice of proposed rulemaking (NPRM) “banning fake reviews and testimonials.” While banning fake reviews...more
If you’re offering any products or services involving a negative option or automatic renewal plan, pay close attention to the FTC’s announcement today of a proposed rule that would drastically alter requirements for negative...more
On Friday, the FTC announced what would ordinarily be an unremarkable enforcement action against a company for unsubstantiated earnings claims. The FTC alleges that WealthPress, an investment advice company purporting to...more