FTC Regulation Tracker—December 2023

Advertising Law

The Federal Trade Commission (FTC or the Commission) had a busy December. While many of us were winding down for the holidays, the FTC finalized a new rule, requested comments on a new proposed rule and extended the comment deadline for another high-profile proposed rulemaking.

As explained in an earlier update, notice of proposed rulemaking on “junk fees” would, if adopted, require practically all businesses to change the way they disclose the prices of goods and services they sell to provide more transparency to consumers. The effect of the proposed rule on the nation’s economy would likely be vast. To date, the Commission has already received nearly 2,800 comments on the proposal. In order to allow all interested stakeholders to weigh in, the FTC extended the comment period by 30 days. Comments are now due by February 7, 2024.

On the privacy front, the Commission released a notice of proposed rulemaking that would significantly amend the Children’s Online Privacy Protection (COPPA) Act for the first time in a decade. If adopted, the proposed amendments would place new restrictions on the use and disclosure of children’s personal information, especially as related to digital services. We discuss the proposed amendments in more detail here.

Also in December, the FTC finalized its Combating Auto Retail Scams (CARS) Rule meant to protect consumers from scams and “junk fees” related to purchasing and leasing automotive vehicles. The CARS Rule will become effective on July 30, 2024. As the rule has now been finalized, it has been removed from the tracker.

FTC Proposal Proposal Type Manatt Insights Comments Due
Children’s Online Privacy Protection (COPPA) Rule Notice of Proposed Rulemaking FTC Proposes Major Updates to Children’s Online Privacy Protection Act Sixty Days Following Publication in the Federal Register
Unfair or Deceptive Fees (“Junk Fees”) Notice of Proposed Rulemaking 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

What’s Next for the FTC’s Proposed Rule Banning Fake Reviews and Testimonials?

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
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
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—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

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