Category Archives: Federal Trade Commission

FTC backtracks on combating discriminatory practices

The FTC announced last Friday that it will no longer enforce policies against “disparate-impact or unfair discrimination” claims. This will affect the agency’s once active enforcement against auto dealers’ discriminatory financing practices that cheat minority car buyers. In 2022, for example, the Commission alleged that Passport Auto, a Washington D.C.-area auto dealer, violated the FTC […]

Brief comment period for FTC’s AI policy statement ends soon

The Federal Trade Commission published a policy statement on artificial intelligence in the Federal Register on July 7. Public comments are due July 31. Formally, the policy statement addresses application of section 5 of the FTC Act “to companies that market AI systems.” Section 5 prohibits unfair and deceptive practices in the marketplace. Every state […]

SCOTUS: FTC’s UDAP powers are “startlingly abstract”

From Trump v. Slaughter: “the FTC has the power to promulgate substantive rules that carry the force of law. In the consumer-protection realm, for instance, the FTC is tasked with giving content to the startlingly abstract idea of “acts or practices which are unfair or deceptive.” 15 U. S. C. §57a(a)(1)(B).” But here’s how Gorsuch […]

Could DOJ’s attack on citizen suits in environmental cases lead to the end of private consumer suits the government opposes?

That is one of the questions Georgetown’s Steve Vladeck raises in today’s edition of his One First newsletter. Some background: the Department of Justice has made various arguments in an environmental case against the lawfulness of citizen suits to enforce environmental laws. Some of the arguments are not relevant to private claims to enforce consumer […]

The FTC’s inadequate Kochava proposed privacy settlement

Back in 2022, the FTC accused Kochava of engaging in unfair practices because it sold vast amounts of data obtained from smart phones, including geolocation data (where the phones were); profiles of consumers, including their marital status, ethnicity, gender identity, political association, employment; what phone apps they had and how much time they spent on […]

Upcoming conference on the future of consumer protection

On May 14 – 15 at George Mason’s Antonin Scalia Law School’s Institute for Consumer Financial Choice. More information here. Here’s some of what appears there: The Future of Consumer Financial Protection: A Two-Day FTC/ICFC Colloquium on the 5th Anniversary of the Consumer Financial Protection Bureau’s Taskforce on Federal Consumer Financial Law The first afternoon’s registration begins at 11:45 and a […]

FTC restarts rulemaking on subscription practices

Will the Federal Trade Commission bring back its “click to cancel” rule? The FTC on Wednesday announced  an “advance notice of proposed rulemaking,” inviting public feedback on whether to amend its regulation for automatic subscriptions (negative option rule). In October 2024, after years of observing rampant abuse of subscription traps harming consumers, the FTC finalized […]

FTC sues online question-and-answer service over deceptive subscription practices

The Federal Trade Commission this week sued an “online question-and-answer service” and its CEO in a California federal court alleging that they deceived people into a monthly subscription service. According to the FTC, people would come across the service, Just Answer LLC, in an online search, and then the company would lead them to believe […]