FTC Regulation Tracker – October 2024

Advertising Law

The biggest news out of the FTC in October (so far) is the issuance of the long-awaited Final Rule governing negative options. The FTC refers to its newest offering as its “Click-to-Cancel" Rule, but, as we show in our in-depth analysis of the Rule, it is so much more than that. Indeed, the Final Rule allows the FTC to obtain monetary penalties for any false or deceptive practice performed by a company that offers negative options.

In her dissenting statement, Commissioner Holyoake noted that, by greatly expanding the Rule’s scope, the Commission is trying to make an end-run around the Supreme Court’s 2021 ruling in AMG, limiting its ability to obtain monetary restitution for Section 5 violations.

Commissioner Holyoake also questioned the timing of the Rule, published just weeks before what will likely be a highly consequential election for both the country and the FTC. Depending on what happens on November 5, any number of the FTC’s remaining Proposed Rules may be in jeopardy. This may be why they have stopped flowing, as there have been no new Proposed Rules since April.

FTC Proposal Proposal Type Manatt Insights Comments Due
Inbound Technical Support Coverage
(TSR Amendment)

 

Supplemental Notice of Proposed Rulemaking   Deadline Passed
Government and Business Impersonation Rule Supplemental Notice of Proposed Rulemaking   Deadline Passed

Children’s Online Privacy Protection (COPPA) Rule

Notice of Proposed Rulemaking

FTC Proposes Major Updates to Children’s Online Privacy Protection Act

Deadline Passed

Unfair or Deceptive Fees (“Junk Fees”)

Notice of Proposed Rulemaking

Demystifying Junk Fees: What they are, regulatory considerations, and B2C marketing implications

FTC Seeks to Ban “Junk Fees” With a New Proposed Rule

Deadline Passed
Guides for the Use of Environmental Marketing Claims (“Green Guides”) Proposed Guidance

The FTC Takes on ESG: Proposed Updates to the Green Guides

Deadline Passed
Commercial Surveillance and Data Security Advance Notice of Proposed Rulemaking

Protecting Consumer Health Data: FTC and State Actions to Close the Privacy Gap

Deadline Passed
Earnings Claims Advance Notice of Proposed Rulemaking

2022 FTC and NAD Roundup

Deadline Passed
Risk Based Pricing Notice of Proposed Rulemaking

 

Deadline Passed
Business Opportunity Rule Advance Notice of Proposed Rulemaking

 

Deadline Passed
Funeral Industry Practices Advance Notice of Proposed Rulemaking

 

Deadline Passed
Care Labeling of Textile Wearing Apparel and Certain Piece Goods Notice of Proposed Rulemaking

 

Deadline Passed
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