FTC Regulation Tracker—October

Advertising Law

October 30, 2023

The big regulatory news out of the FTC in October is a Notice of Proposed Rulemaking on Unfair or Deceptive Fees, or as the Commission calls them, “Junk Fees.” As we explain in more detail in our article on the Proposed Rulemaking if implemented, the new rule would require most businesses to change the way they disclose the price of goods and services they sell to provide more transparency to consumers. Under the proposed rule (1) businesses are prohibited from offering, selling or advertising a price that consumers must pay without “Clearly and Conspicuously” disclosing the “Total Price,” and (2) the Total Price must be displayed more prominently than any other information relating to the price the consumer may pay. If codified, the rule would allow the FTC to obtain 5(m)(1)(A) monetary penalties for a wide swath of practices related to what the Commission sees as hidden fees.

FTC Proposal	Proposal Type	Manatt Insights	Comments Due
Unfair or Deceptive Fees (“Junk Fees”)	Notice of Proposed Rulemaking	FTC Seeks to Ban “Junk Fees” With a New Proposed Rule	60 Days Following Publication in the Federal Register
Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles	Request for Public Comment		December 26, 2023
Power Output Claims for Amplifiers	Supplemental Notice of Proposed Rulemaking		Deadline Passed
Use of Consumer Reviews and Testimonials	Notice of Proposed Rulemaking	FTC’s Proposed New Rule Prohibiting Fake Reviews and Testimonials An In-Depth Look at the FTC’s Updates to the Endorsement Guides—Part 1 of 2 An In-Depth Look at the FTC’s Updates to the Endorsement Guides—Part 2 of 2	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	Request for Information	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
Safeguarding Customer Financial Information	Supplemental Notice of Proposed Rulemaking	FTC Proposes Changes for Safeguards, Privacy Rule	Deadline Passed
Risk Based Pricing	Notice of Proposed Rulemaking		Deadline Passed
Government and Business Impersonation	Notice of Proposed Rulemaking		Deadline Passed
Junk Fees	Advance 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
Motor Vehicle Dealers	Notice of Proposed Rulemaking		Deadline Passed
Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles	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—August 2023

FTC Regulation Tracker—July 2023

FTC Regulation Tracker—June 2023

FTC Regulation Tracker—May 2023

FTC Regulation Tracker—April 2023