Category Archives: Federal Trade Commission

FTC’s report on 2023 activities re TILA, CLA, and EFTA

The Federal Trade Commission sent its annual report to the Consumer Financial Protection Bureau on the FTC’s 2023 enforcement and related activities on the Truth in Lending Act, Consumer Leasing Act, and Electronic Fund Transfer Act. The report highlights the FTC’s enforcement actions and initiatives under these laws and their implementing regulations, including in the […]

What is the definition of junk fees?

Junk fees are likely to feature in the election this year, so for that reason alone, it would be useful to know what they are. Sometimes they seem to be defined by examples; you can find such a list of examples (as well as a definition that strikes me as underinclusive) here. Because the very […]

What would the CFPB look like if it were subject to annual congressional appropriations?

If the Supreme Court rules in the CFSA case that the CFPB’s funding is unconstitutional, Congress might fund the Bureau via annual appropriations. I wondered what that would mean. The FTC, another consumer protection agency, offers a clue. Now the agencies are not identical; the FTC has antitrust responsibilities and while the two agencies have […]

FTC’s updated Health Breach Notification Rule covers app developers

The Federal Trade Commission just updated its Health Breach Notification Rule to revise definitions and clarify its coverage to include developers of health mobile apps and other technology. The rule, which requires vendors to notify affected consumers and the FTC following a data breach affecting personal health records, also requires additional information in notices to […]

FTC sends $62 million in refunds to sellers deceived by online real estate listing service

The Federal Trade Commission is sending nearly $62 million in refunds to sellers deceived by advertising and marketing claims made by online real estate business Opendoor Labs, Inc. According to the FTC’s August 2022 complaint, Opendoor cheated home sellers by tricking them into thinking that they could make more money selling their home to Opendoor than […]

FTC, DOJ promote consumers’ right to repair

The Federal Trade Commission and the Department of Justice back changes to copyright rules that would give consumers’ more legal room to either repair products themselves or hire independent businesses to fix them. In a press release, the FTC announced that the agencies issued a joint comment in response to the U.S. Copyright Office’s rulemaking […]

New FTC rule protects businesses from telemarketing fraud and affirms protections against AI-enabled scam calls

The Federal Trade Commission announced on Thursday a final rule extending telemarketing fraud protections to businesses. The FTC also announced a proposed rule that would provide the agency with significant new tools to combat tech support scams. Both actions are part of the FTC’s review of the Telemarketing Sales Rule, which includes the Do Not […]

Fairness of online retail platforms’ recommendations

Last fall, the Federal Trade Commission filed a complaint alleging that Amazon Marketplace unfairly highlights its own products on its website to encourage consumers to select the Amazon brand over competitors’ products. The Regulatory Review reports today on a study that questions that conclusion. The study’s authors explain how evaluating the fairness of product placement […]

FTC Challenges Kroger/Albertson’s Deal

The supermarket industry has been subject to substantial consolidation over the past few decades, with many regional chains being bought up by one of a handful of large conglomerates. In October 2022, Kroger– which owns chains around the country including Fred Meyer, Fry’s, Harris Teeter, Mariano’s, and Ralph’s– announced plans to buy Albertson’s–whose chains include […]

Proposed junk fee rule gets state AG support

This week marked the end of an extended public comment period for the Federal Trade Commission’s proposed rule to rein in unfair and deceptive fees across the marketplace. Notably, 19 state attorneys general submitted a joint letter of support for the FTC’s proposal. The Commission proposes to address bait-and-switch pricing structures to prevent business from […]