Ad Law Access
FTC Confirmation Hearings Promise a Return to Bipartisanship
Those who were looking for big fireworks at yesterday’s confirmation hearings for three FTC Commissioners were likely disappointed by the relatively business-as-usual nature of the proceedings. Yes, certain Senators…
Déjà vu: The 5th Circuit Hears Yet Another Challenge to Constitutionality of an Administrative Agency
In the past couple years, the Federal Trade Commission has gone 0 for 2 before the Supreme Court. In AMG, the Court found that Section 13(b) of the FTC Act does not provide the Commission with the authority to obtain…
Two Firsts for FTC Civil Penalty Enforcement: ROSCA for Automatic Renewals and Penalty Offense Authority for Money-Making Claims
On Friday, the FTC announced what would ordinarily be an unremarkable enforcement action against a company for unsubstantiated earnings claims. The FTC alleges that WealthPress, an investment advice company purporting…
Update: Chair Cantwell Introduces S. 4145, A One-Sided 13(b) Fix
On Wednesday, we described draft legislation circulating in the Senate Commerce Committee that would have given the Federal Trade Commission almost unfettered authority to enjoin permanently any act, practice or…
Senate Commerce Committee Chair Pushes One-Sided 13(b) Fix
The one-year anniversary of the Supreme Court’s decision in AMG Capital Management, LLC v. FTC has renewed calls for Congressional action to expand and codify the Federal Trade Commission’s enforcement authority under…