I hope some reporter will ask that question of someone in the Trump administration but I’m not sure who the person to ask would be. OMB Director and CFPB Interim Director Russell Vought? We have written at length about the administration’s attempts to shutter and shatter the CFPB. The FTC has certainly taken some hits, […]
Category Archives: Federal Trade Commission
The Federal Trade Commission this week began work to enforce its new rule on unfair and deceptive fees. The Commission sent a warning letter to ticket reseller StubHub alleging that the company may have already violated the rule which went into effect May 12. The rule, which specifically applies to live-event ticketing and short-term lodging, […]
The FTC currently has only three commissioners, all of whom are Republicans. There has been significant concern that the remaining commissioners will take a lax view as to both the agency’s rulemaking and enforcement authority. Nonetheless, today the Commission, with only 2 Commissioners participating due to a recusal, announced the filing of a complaint against […]
So reports The Verge.
So reports Law360s’s Bryan Koenig. The complaint alleges violations of the FTC Act, Administrative Procedure Act, among other theories, and seeks mandamus and an injunction.
Stephen Calkins of Wayne State writes: The FTC is down to two commissioners. Both of them recused themselves for unstated reasons when the agency filed an administrative complaint, In re Caremark Rx, Dkt. 9437. THERE IS CURRENTLY PENDING BEFORE THE COMMISSION –NOT THE ALJ – A MOTION TO POSTPONE THE TRIAL DATE (currently the end […]
Stephen Calkins of Wayne State, who formerly served as FTC General Counsel, has pointed out that when the FTC has only two commissioners, two is a quorum for FTC action under the regs: 4.14 Conduct of business. (a) Matters before the Commission for consideration may be resolved either at a meeting under § […]
Reuters reports the story here. The Supreme Court has ruled that presidents can’t fire FTC commissioners, but the Trump administration is challenging the ruling. If the Supreme Court overturns the precedent and upholds the firing, it will be interesting to see what happens the next time the Democrats take the presidency. The firings undermine Republican […]
The letter is here. The Supreme Court held otherwise in Humphrey’s Executor, but the letter calls for overturning that decision. The Supreme Court has thus far resisted attempts to get it to revisit Humphrey’s Executor but the administration’s effort ratchets up pressure to decide the issue. If the Supreme Court decides that FTC commissioners can […]
Yesterday, over a dissent, the Fifth Circuit vacated the FTC’s CARS rule, which protected consumers from unfair and deceptive practices by car dealers. While the challengers lobbed many wide-ranging arguments that called into question the FTC’s authority broadly, the Fifth Circuit based its ruling solely on the agency’s failure to issue an Advanced Notice of […]