We ended last month's update noting that the Federal Trade Commission (FTC) had finalized its Combating Auto Retail Scams (CARS) Rule. Shortly following the Final Rule's publication, the National Automobile Dealers Association and the Texas Automobile Dealers Association challenged the legality of the Rule in the Fifth Circuit, and seeking a stay of the rule while the challenge was pending. In the face of this challenge, this month the Commission chose to stay the effective date of the Rule.

As the final versions of the dozens of proposed rulemakings the FTC has disseminated trickle in, we can expect to see more such challenges to the FTC's regulatory reach, and, likely, more indefinite stays. While nothing is certain, it seems only a matter of time before one or more of these challenges winds its way to the Supreme Court.

Also in January, the FTC issued its Notice of Proposed Rulemaking on updates to its Energy Labeling Rule. While the Energy Labeling Rule's Advanced Notice of Proposed Rulemaking asked some broad, overarching questions, comments from and tailored to specific industries within and around the energy sector were clearly influential in shaping the direction of significant aspects of the Proposed Rule. We've said it before, but it bears repeating: comments matter.

FTC Proposal Proposal Type Manatt Insights Comments Due
Energy Labeling Rule Notice of Proposed Rulemaking Understanding the Changing Regulatory Landscape Under an Activist Federal Trade Commission April 2, 2024
Children's Online Privacy Protection (COPPA) Rule Notice of Proposed Rulemaking FTC Proposes Major Updates to Children's Online Privacy Protection Act March 11, 2024
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
February 7, 2024

Power Output Claims for Amplifiers

Supplemental Notice of Proposed Rulemaking Deadline Passed

Use of Consumer Reviews and Testimonials

Notice of Proposed Rulemaking The Comments Are In On the FTC's Proposed Rule Banning Fake Reviews and Testimonials. What's Next?

FTC's Proposed New Rule Prohibiting Fake Reviews and Testimonials
Deadline Passed
Health Breach Notification Rule Notice of Proposed Rulemaking FTC and HHS Send Letter Warning of Risks From Online Tracking Technologies

FTC Proposed Health Breach Notification Rule Changes Target the Online Collection of Health Data
Deadline Passed
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
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
Non-Compete Rule Notice of Proposed Rulemaking FTC Proposes Ban on Noncompetes Deadline Passed
Ophthalmic Practice Rule Notice of Proposed Rulemaking FTC Sends Warning Letters to Eyeglass Prescribers 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
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
Risk Based Pricing Notice of Proposed Rulemaking Deadline Passed
Government and Business Impersonation 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

To view the previous FTC Regulation Tracker updates, please see below:

FTC Regulation Tracker—December 2023

FTC Regulation Tracker—November 2023

FTC Regulation Tracker—October 2023

FTC Regulation Tracker—August 2023

FTC Regulation Tracker—July 2023

FTC Regulation Tracker—June 2023

FTC Regulation Tracker—May 2023

FTC Regulation Tracker—April 2023

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.