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The FTC has announced that it has submitted  an Advance Notice of Proposed Rulemaking (ANPRM) regarding negative option plans to the OMB Office of Information and Regulatory Affairs (OIRA) for review — an indication that the commission may be interested in revisiting click-to-cancel issues.  The OIRA has disclosed that it received the ANPRM on February 4. … Continue Reading

The Supreme Court should abandon a 90-year-old precedent and decide that President Trump should be permitted to fire Rebecca Slaughter from the Federal Trade Commission without cause, Solicitor General D. John Sauer told the Court on December 8 during oral arguments.

“I think broad delegations to unaccountable independent agencies raise enormous constitutional and real-world problems for individual liberty,” Justice Brett Kavanaugh, said.… Continue Reading

We are pleased to share a new podcast episode, which was taken from our September 9, 2025, webinar featuring Malini Mithal, Associate Director of the Federal Trade Commission’s Division of Financial Practices. Malini has been a valued guest on our podcast in past years, and this session provided another timely and insightful discussion.… Continue Reading

For now, the Supreme Court is allowing President Trump to fire Democratic FTC Commissioner Rebecca Slaughter, in a case that could upend a 1935 court precedent.

Significantly, in an unsigned order, the Court agreed to hear the case, even though there has been no final decision on the merits by a lower court.… Continue Reading

Chief Justice John Roberts has issued a temporary stay allowing President Trump to fire recently reinstated FTC Commissioner Rebecca Slaughter, even though she was fired without cause.

Slaughter, the lone Democrat on the Commission, had been reinstated by a divided panel of the U.S. Court of Appeals for the District of Columbia.… Continue Reading

A divided federal appeals court has ruled that President Trump illegally fired Democratic FTC member Rebecca Slaughter and has ordered that she be reinstated to her position.

“The government has no likelihood of success on appeal given controlling and directly on point Supreme Court precedent,” Judges Patricia Millett and Cornelia Pillard of the U.S.… Continue Reading

If you are subject to enforcement by the FTC (excluding antitrust laws), you will not want to miss this webinar on September 9 at Noon, ET.  This, of course, includes non-bank fintechs.

 As has been the case in prior years, we are delighted to once again have as our guest speaker Malini Mithal, Associate Director of the FTC’s Division of Financial Practices.… Continue Reading

An ex parte temporary restraining order has been issued against the participants in a debt relief services scheme that allegedly targeted seniors, including veterans, using a variety of deceptive practices, including falsely impersonating consumers’ banks and credit card companies.

Susan M Brnovich of the U.S. District Court for the District of Arizona issued the restraining order at the request of the Federal Trade Commission (“FTC”).… Continue Reading

Two reinstated National Credit Union Administration (NCUA) board members participated in a board meeting on July 24, even as the Supreme Court signaled that three Democratic members of the Consumer Product Safety Commission (CPSC) could be fired without cause in the context of granting a stay of a lower court order reinstating them to CPSC.… Continue Reading

A Federal Judge has ruled that two NCUA board members were illegally fired by President Trump and has restored their positions on the board.

Judge Amir H. Ali, of the U.S. District Court for the District of Columbia said that Democrats Todd Harper and Tanya Otsuka could only be removed for cause.… Continue Reading