Archives: FTC

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Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

Photo of Daniel KaufmanPhoto of Randal M. ShaheenBy Daniel Kaufman and Randal M. Shaheen on Posted in FTC
For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually through manipulative user interfaces. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns. And outside this … Continue Reading

The 14th Public Commission Meeting – Dark Patterns, Imposter Rulemaking and Yet Another Policy Statement

Photo of Daniel KaufmanPhoto of Amy Ralph MudgeBy Daniel Kaufman and Amy Ralph Mudge on Posted in FTC
After a surprise three-month hiatus, we are back in business with our Federal Trade Commission (FTC or Commission) public and totally unscripted meetings. Candidly, we were a bit surprised to see the return of these meetings, but not quite as surprised as the realization that Kate Bush had the Song of the Summer in 2022. … Continue Reading

So Many Words – The FTC’s Recent Strategic Planning Reports Do Actually Matter

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Because I’m someone who is inherently suspicious, my antennae perked up the other Friday when the Federal Trade Commission (FTC) released its annual strategic planning documents. Friday releases in the summer always make me suspicious (what are you trying to bury on this Friday afternoon when I am pondering the weekend?); further, these documents included … Continue Reading

There Is Bad Press: FTC Defendant Sues the Agency Over an Over-the-Top Release

Photo of Daniel KaufmanPhoto of Michael IngramBy Daniel Kaufman and Michael Ingram on Posted in FTC
P.T. Barnum famously said, “There’s no such thing as bad publicity.” Oscar Wilde, however, gave that quote his own spin and said, “There’s only one thing in the world worse than being talked about, and that is not being talked about.” Well, some folks most definitely disagree when a whole settlement potentially is tanked over … Continue Reading

Nine Things You Should Know About the New FTC Rulemaking on Privacy and Targeted Advertising

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Earlier this week, the Federal Trade Commission (FTC) announced that it was initiating a rulemaking to “crack down on harmful commercial surveillance and lax data security.” More specifically, the agency issued an Advance Notice of Proposed Rulemaking (ANPR) on Commercial Surveillance and Data Security and announced a related workshop on the topic. This rulemaking will … Continue Reading

Not Every Payment Processing Case Is the Same – the Latest FTC Case Provides Some Helpful Reminders

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Most of the Federal Trade Commission’s (FTC) law enforcement actions involving payment processors have exclusively focused on allegations that processors did not do sufficient due diligence before onboarding questionable merchants. The latest payment processing case, however, has a bit of a novel twist and focuses instead on alleged deceptions aimed at the merchants that were … Continue Reading

FTC and DOJ MOUs with NLRB Reflect the Administration’s Ongoing Focus on Restrictive Labor Relationships and the Gig Economy

Photo of Daniel KaufmanPhoto of Marc AntonettiPhoto of Ann O'BrienBy Daniel Kaufman, Marc Antonetti and Ann O'Brien on Posted in FTC
Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big deal, stating that it would “bolster the FTC’s efforts to protect workers by promoting competitive U.S. labor markets and putting … Continue Reading

If an Agency Calls Something Unfair, Does That Magically Make It Unlawful? A Recent Blog Post by the FTC’s Chief Technology Officer

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Last week, the Federal Trade Commission’s (FTC) tech blog quietly published a post that could have broad implications – for privacy practitioners and beyond. In this post, the agency takes the novel position that if consumer data is compromised in a security incident and the company does not provide consumer notice, that could in and … Continue Reading

May 2022 Public Commission Meeting – Meet Commissioner Bedoya, Plus Blasts from the Past, Endorsements and an FTC Legend

Photo of Amy Ralph MudgePhoto of Daniel KaufmanBy Amy Ralph Mudge and Daniel Kaufman on Posted in FTC
In February 2020, the Federal Trade Commission (FTC) announced that it was going to reexamine the Endorsements and Testimonial Guides (Guides) and sought comment on whether and how the Guides should be changed, including addressing issues involving reviews, affiliate links, children’s perceptions and changes in technology. Two very long years later, the FTC has proposed … Continue Reading

A Deeper Dive into the FTC’s Proposed Changes to the Telemarketing Sales Rule and the Continued Interest in Negative Option Programs

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
At last week’s public Federal Trade Commission (FTC) meeting, the commissioners unanimously voted for possible changes to the Telemarketing Sales Rule (TSR). Given the intense interest in FTC rulemaking and the important role the TSR plays in FTC enforcement, we thought this warranted a closer look.  First off, this is a very different rulemaking process … Continue Reading

What’s Going on at the FTC? New Employee Survey Raises Issues If You Are Engaging with the Agency

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
A recent survey of FTC employees put forward some interesting numbers. In 2020, FTC staff were asked if their senior leaders “maintain high standards of honesty and integrity” and 87 percent answered positively. In November 2021, the same staff were asked the same question and the positive responses dropped by 34 points to 53 percent. … Continue Reading

The FTC’s Website Redesign – Broken Links, Missing Content and Broken Dreams

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Whether you are an FTC fan or foe, we can all agree that one of the agency’s crown jewels is its consumer and business education program. For decades, this program has provided information that has helped consumers protect themselves and has provided businesses with important information and guidance to inform their decision making. And probably … Continue Reading

What’s in a Label – Three Takeaways from the FTC’s First Enforcement Action Brought Under the New Made in the USA Rule

Photo of Daniel KaufmanPhoto of Amy Ralph MudgeBy Daniel Kaufman and Amy Ralph Mudge on Posted in FTC
Last year, the Federal Trade Commission (FTC) finalized a new rule (Rule) that would allow the agency to seek civil penalties in matters where a company made a false and unqualified Made in the USA (MUSA) claim on product labels. In the rulemaking process, however, the FTC developed a very broad definition of “labels,” which … Continue Reading

Bamboozling Part II: The FTC Brings Back Retro Penalty Offense Letters like Bell Bottoms and Big Hair

Photo of Daniel KaufmanPhoto of Amy Ralph MudgePhoto of Randal M. ShaheenBy Daniel Kaufman, Amy Ralph Mudge and Randal M. Shaheen on Posted in FTC
What do bamboo fabric and green claims have to do with toys, weight loss, car rentals and fur coats? Sounds like the start of a Dad joke, but unfortunately this is no laughing matter. It is the FTC reaching back to bygone eras for help in getting money in its enforcement cases. Much virtual ink … Continue Reading

The Rubber Hits the Road to the Tune of $10 Million – FTC and Illinois Sue an Auto Dealership

Photo of Linda A. GoldsteinPhoto of Daniel KaufmanBy Linda A. Goldstein and Daniel Kaufman on Posted in FTC
Not many people enjoy sitting in a car dealership spending hours evaluating or making a costly purchase, but it’s far more frustrating when the dealership allegedly engages in practices that face the ire of law enforcement. A recent case announced by the Federal Trade Commission (FTC) is important for many reasons. First, it’s a helpful … Continue Reading
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