According to American Banker’s Claire Williams, in an article headlined Republicans gear up for Dodd-Frank rollback, Democratic Representative Gregory Meeks said during a hearing yesterday “that he would be open to the idea of a bipartisan commission at the CFPB.” But President Trump claims the right to fire Democratic commissioners on so-called bipartisan commissions, even […]
Category Archives: Federal Trade Commission
The Eighth Circuit Court of Appeals yesterday nullified the Federal Trade Commission’s Click-to-Cancel rule. The rule addressed unfair and deceptive practices in subscriptions (or negative options marketing). The FTC aimed to remove misrepresentations in subscription practices and to generally make canceling subscriptions as easy as it is to sign up for them. In reversing the […]
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, […]
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 […]