In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to skip a Section 19 administrative proceeding and head straight to court.

It should come as no surprise, then, that the FTC is issuing new regulations, guidelines and proposals fast and furiously. Sometimes it seems nearly impossible for companies and practitioners to keep pace.

That is where Manatt comes in. We have compiled the below chart of FTC proposed rulemakings and guidance relating to consumer protection currently making their way through the administrative process. This chart, which will be updated regularly, lists links to the FTC's proposals and to related Manatt insights as well as provides comment due dates that have not already passed. If you are interested in commenting on one or more of the FTC proposals currently accepting comments, contact Bez Stern at bstern@manatt.com, Christine Reilly at creilly@manatt.com or Po Yi at pyi@manatt.com.

FTC Proposal Proposal Type Manatt Insights Comments Due
Negative Option Rule Notice of Proposed Rulemaking Sellers Beware: FTC Proposes Changes to Automatic Renewal Laws
 
Automatic Renewal Laws: Everything to Know About the Surge in Litigation and Regulatory Enforcement		 60 days following publication in the Federal Register
Franchisor Business Practices   Request for Information   June 8, 2023 
Tenant Screening Request for Information   May 30, 2023
Business Practices of Cloud Computing Providers Request for Information   May 22, 2023
Guides for the Use of Environmental Marketing Claims (“Green Guides”) Proposed Guidance The FTC Takes on ESG: Proposed Updates to the Green Guides April 24, 2023
Non-Compete Rule Notice of Proposed Rulemaking FTC Proposes Ban on Noncompetes Deadline Passed  
Energy Labeling Rule Advance Notice of Proposed Rulemaking Understanding the Changing Regulatory Landscape Under an Activist Federal Trade Commission Deadline Passed
Ophthalmic Practice Rule Notice of Proposed Rulemaking FTC Sends Warning Letters to Eyeglass Prescribers Deadline Passed
Use of Reviews and Endorsements Advance Notice of Proposed Rulemaking A Closer Look at the Proposed Amendments to the FTC Endorsement 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
Guides Concerning the Use of Endorsements and Testimonials in Advertising Proposed Guidance FTC Proposes Major Updates to the Endorsement Guides
 
A Closer Look at the Proposed Amendments to the FTC Endorsement Guides: Key Takeaways for Advertisers		 Deadline Passed
Telemarketing Sales Rule Revisions: B2B & Tech Support Calls, Negative Options Advance Notice of Proposed Rulemaking  FTC Proposes Expansion of TSR That May Impact SMB Lending Deadline Passed
Telemarketing Sales Rule: Recordkeeping   Notice of Proposed Rulemaking  FTC Proposes Expansion of TSR That May Impact SMB Lending   Deadline Passed
Earnings Claims Advance Notice of Proposed Rulemaking 2022 FTC and NAD Roundup Deadline Passed
.com Disclosures Request for Information 2022 FTC and NAD Roundup Deadline Passed
Safeguarding Customer Financial Information     Supplemental Notice of Proposed Rulemaking  FTC Proposes Changes for Safeguards, Privacy Rule   Deadline Passed
Risk Based Pricing   Notice of Proposed Rulemaking    Deadline Passed
Government and Business Impersonation   Notice of Proposed Rulemaking    Deadline Passed
Junk Fees Advance 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
Motor Vehicle Dealers   Notice of Proposed Rulemaking    Deadline Passed
Power Output Claims
for Amplifiers Utilized in Home
Entertainment Products		 Notice of Proposed Rulemaking   Deadline Passed


The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.