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This article was originally published on September 18, 2023 in Westlaw Today and is republished here with permission.

Ketan Bhirud, Drew Mann and Trey Smith of Troutman Pepper discuss the Federal Trade Commission’s role in competition enforcement, contextualize the FTC’s analysis of the generative AI industry and provide key takeaways for stakeholders to consider during a period of regulatory uncertainty.Continue Reading Addressing Competition Concerns in the Developing Generative AI Industry: Key Insights From the FTC’s Analysis

A bipartisan coalition of attorneys general (AGs) representing each state and Washington D.C. joined forces with the Federal Trade Commission (FTC) and the Department of Justice (DOJ). They have announced their unified commitment to an initiative known as ‘Operation Stop Scam Calls,’ which has already made a significant impact. Illinois AG Kwame Raoul — a fervent advocate for consumer rights — underscored this commitment, saying, “[c]ompanies responsible for these illegal, annoying calls must be held accountable.”Continue Reading Bipartisan Coalition Targets Billion-Dollar Illegal Telemarketing Industry

The rapid advancement of generative artificial intelligence (AI) raises important competition concerns, prompting the Federal Trade Commission (FTC) to analyze potential risks and propose solutions. In its recent June 29 blog post, the FTC highlighted the need for proactive measures to address competition issues in the evolving generative AI industry. This article analyzes the FTC’s blog post, summarizing its key points and offering insights into the potential implications for stakeholders.Continue Reading Addressing Competition Concerns in the Developing Generative AI Industry: Key Insights From FTC Analysis

On June 2, the Federal Trade Commission (FTC) announced modifications to its in-house adjudicative proceedings of agency challenges to mergers and acquisitions by reducing the decision-making power held by administrative law judges (ALJs). This change will affect how the agency’s antitrust challenges are decided. Even though the previous process had been in place for decades, the FTC was not required to receive public comment because the change affects only internal procedures.Continue Reading Administrative Law Judges Face Diminished Authority Under New FTC Rule

The New York and Pennsylvania state attorneys general recently led a bipartisan coalition of 26 state AGs in a letter, supporting the Federal Trade Commission (FTC)’s proposed rule amending the Negative Option Rule.Continue Reading Bipartisan State AGs Support FTC’s Amendments to Negative Option Rule

On June 7, the Federal Trade Commission (FTC) announced a request for information (RFI) to gain additional insight into how it can optimize joint enforcement with state attorneys general (state AGs) to protect consumers from fraud. The announcement signals a growing trend of cooperation between the FTC and state AGs, which we have also seen between the Consumer Financial Protection Bureau (CFPB) and the state regulators.Continue Reading FTC Comment Request Signals Joint Enforcement With State AGs Will Continue Increasing

The Federal Trade Commission seems poised to regulate hidden fees in services from a range of industries, joining state attorneys general and the CFPB to act on behalf of consumers, Troutman Pepper attorneys Clayton Friedman, Chris Carlson, and Namrata Kang say. They advise companies to take steps now to avoid regulatory scrutiny.

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Enacted in 2020, the Horseracing Integrity and Safety Act (HISA) nationalized the regulation of the horseracing industry. HISA delegates power to the Horseracing Integrity and Safety Authority (Authority) — a private entity that operates under the Federal Trade Commission’s (FTC) oversight — to establish new rules, issue subpoenas, and enforce regulations with civil sanctions or…

On November 17, 33 state attorneys general (AGs) submitted a comment letter to the Federal Trade Commission (FTC), supporting its contemplated new efforts in the corporate surveillance and data security space. The AGs’ public support for the FTC’s anticipated rulemaking suggests the AGs will continue to focus on data security issues in the coming new…

In March 2022, state attorneys general provided comments to the Consumer Financial Protection Bureau (CFPB) concerning the CFPB’s inquiry into companies that offer consumers the opportunity to divide the cost of their purchases into multiple installments, also referred to as “buy now, pay later” (BNPL) products. In response, the CFPB issued a report in September…