CFPB, Federal Agencies, State Agencies, and Attorneys General
An Illinois federal district court has ruled that Section 19 of the FTC Act provided an alternate route for the FTC to obtain restitution after its prior restitution award under Section 13(b) of the FTC Act was vacated by the Fifth Circuit because it concluded that monetary relief is not available under Section 13(b).
In…
On Monday, the White House announced the nomination of Alvaro Bedoya to serve as FTC Commissioner. Mr. Bedoya is slated to fill the seat on the Commission currently held by Rohit Chopra, which Mr. Chopra will vacate upon his confirmation as CFPB Director. Mr. Chopra is expected to be confirmed as CFPB Director before the…
Last week, the FTC filed an administrative complaint against Fleetcor Technologies, a marketer of fuel cards, and its CEO in which the FTC alleges that the respondents violated the FTC Act’s prohibition on unfair or deceptive acts or practices. The complaint’s allegations mirror those in the lawsuit filed by the FTC against the respondents in…
At her first FTC meeting earlier this month, newly-confirmed FTC Chair Lina Khan moved, and the Commission approved (by a 3-2 vote), changes to the FTC’s rulemaking process. The changes could assist the efforts of Democratic FTC Commissioners to further White House policy goals and lead to new UDAP rules.
Pursuant to the 1975 Magnuson-Moss…
Last Friday, President Biden issued an Executive Order on Promoting Competition in the American Economy. Much of the Order is directed at increasing competition in the labor market, transportation, agriculture, healthcare, and technology. It calls on the FTC, the DOJ, and other agencies to pursue vigorous enforcement of the antitrust laws. The Order also…
In AMG, SCOTUS ruled that Sec. 13(b) of the FTC Act does not give the FTC authority to seek equitable monetary relief (e.g. restitution or disgorgement). After reviewing AMG’s history and SCOTUS’s analysis, we discuss the reasons for the FTC’s infrequent use of administrative hearings, AMG’s implications for pending and settled cases, the FTC’s…
On the same day that she was confirmed as an FTC Commissioner by the full Senate, Lina Khan was designated FTC Chair by President Biden and sworn in as Chair.
Ms. Khan fills the FTC seat vacated by former FTC Chairman Joseph Simons (and gives Democrats a 3-2 majority pending Commissioner Rohit Chopra’s…
Today, by a vote of 69-28, the full Senate confirmed Lina Khan to serve as FTC Commissioner.
Ms. Khan will fill the FTC seat vacated by former FTC Chairman Joseph Simons. His remaining term runs through September 2024. Ms. Khan’s confirmation means the Democrats now hold a 3-2 Democratic majority, with the Democratic Commissioners consisting…
In our recent webinar, “The Consumerization of Small Business Lending: Significant Developments and Trends,” Ballard attorneys were joined by special guest Malini Mithal, Associate Director of the Federal Trade Commission’s Division of Financial Practices. Mark Furletti, Co-Chair of the firm’s Consumer Financial Services Group also participated in the webinar, together with John Socknat, a partner…
In a recent blog post, the FTC explained the role of closing letters issued by the staff of its Bureau of Consumer Protection.
The FTC indicates that it views the closing letters as a supplement to its enforcement activity. It states that the letters inform a company or individual that the FTC is closing…
