News & Analysis as of

Loper Bright Enterprises v Raimondo Chevron Deference Unfair or Deceptive Trade Practices

Venable LLP

Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper

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In a lawsuit that will likely be closely watched, Xlear, Inc.—a Utah-based manufacturer of xylitol-based hygiene products—has filed a federal lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew N....more

Womble Bond Dickinson

Loper Blight: 11th Circuit Vacates FCC Lead Generator “One-to-One” and “Logically/Topically Related” Consent Provisions

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In yet a third setback for the FCC since the Supreme Court’s Loper Bright opinion eliminating Chevron deference, the 11th Circuit last Friday in Insurance Marketing Coalition Limited v. FCC, vacated two TCPA consent...more

Venable LLP

The Biden/Chopra CFPB's 2025 Guidance Compendium: A Last Gasp or Lasting Legacy?

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On the eve of a change in administration, the Biden/Chopra CFPB released a "Compendium of Recent CFPB Guidance," a sweeping collection of interpretations of federal consumer financial laws under the current leadership...more

Bracewell LLP

Texas District Court Sets Aside FTC Non-Compete Ban: What Employers Should Consider

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The Federal Trade Commission’s (FTC) Non-Compete Rule, which was scheduled to become effective on September 4, 2024, was set aside last month by US District Judge Ada Brown of the Northern District of Texas in Ryan LLC v....more

BakerHostetler

Deeper Dive: FTC in 2024 Continues Aggressive Privacy Path - But Don’t Forget About that Rulemaking

BakerHostetler on

We have seen a dizzying amount of Federal Trade Commission (FTC or Agency) enforcement on the privacy front in 2024, with a heavy focus on the collection and sharing of health data, browsing and geolocation data, and...more

Venable LLP

Fifth Circuit Grounds Department of Transportation’s Price Transparency and “Junk Fee” Rule

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This week, the Fifth Circuit Court of Appeals issued a stay of the Department of Transportation’s (DOT) price transparency and “junk fee” rule (the Rule or the Final Rule). The ruling effectively blocks the DOT from enforcing...more

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

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These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

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