The FTC announces leadership changes, keeps the 2023 Merger Guidelines, and pursues Big Tech. All this, and more, after the jump.
Thursday, February 6, 2025
Bureau of Consumer Protection: Credit and Finance
- In a culmination to a matter that has been ongoing since 2022, the FTC announced that it is sending over $2.6 million in refunds via check to 5,588 small businesses that were injured by payment processor First American Payment Systems. The 2022 complaint had alleged that the company caused harm by deceiving small merchants about terms, charging surprise cancellation fees, and making "zombie" withdrawals from merchant accounts even after account access had been withdrawn by the merchant. The FTC is also mailing claim forms to 16,181 additional businesses, who have until May 7, 2025 to submit a claim at this refund portal.
February 10, 2025
Bureau of Consumer Protection: FTC Operations
- Federal Trade Commission Chairman Andrew N. Ferguson has appointed Lucas Croslow as General Counsel of the FTC, Daniel Guarnera as Director of the Bureau of Competition, and Christopher Mufarrige as Director of the agency's Bureau of Consumer Protection.
February 11, 2025
Bureau of Consumer Protection: Competition
- The FTC has amended Commission Rule 1.98, which adjusts the maximum civil penalty dollar amounts for violations of various provisions of law, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The current maximum civil penalty amounts became effective January 17, 2025, and the Commission vote to amend the rule was 5-0.
February 14, 2025
Bureau of Consumer Protection: FTC Operations
- The FTC's Chairman Andrew N. Ferguson implemented a new policy banning FTC political appointees from holding leadership roles in the American Bar Association (ABA), participating in ABA events, or renewing their ABA memberships. The policy also states that the FTC will cease use of its resources to support any employee's ABA membership or participation in ABA activities.
Tuesday, February 18, 2025
Consumer Protection; Shopping Advertising; Marketing Endorsements, Influencers, and Reviews; Health Claims; Online Advertising and Marketing
- FTC Chairman Andrew N. Ferguson announced key appointments in the FTC's leadership team. On the antitrust side, Ferguson appointed David Shaw as the Principal Deputy Director of the Bureau of Competition and Kelse Moen as the Deputy Director of the Bureau of Competition. Shaw previously held various roles in the DOJ's Antitrust Division, including the agency's Big Tech investigations. Moen recently served as senior counsel to the U.S. Senate Judiciary Committee, focusing on antitrust and technology issues. Both Shaw and Moen have practiced antitrust law in the private sector at large international law firms.
On the consumer protection side, Ferguson appointed Douglas C. Geho as Deputy Director of the Bureau of Consumer Protection. Geho has held many federal roles, including as counsel and as a policy advisor to the Department of Labor and as Counselor to the Assistant Secretary for Policy in the first Trump Administration. Geho served as an Attorney Advisor to FTC Commissioner Holyoak before his appointment.
Competition; Bureau of Competition; Mergers
- FTC Chairman Andrew N. Ferguson announced that the FTC and Department of Justice's joint 2023 Merger Guidelines will remain in effect and continue to serve as the FTC's framework for merger-review analysis. In a related memorandum, Ferguson reported that the Premerger Notification Office received 394 filings —accounting for about 200 transactions — the week before the updated HSR Rule took effect.
Wednesday, February 19, 2025
Consumer Protection; Bureau of Consumer Protection; Credit & Loan Offers; Retail; Advertising and Marketing; Credit and Finance; Credit and Loans
- As a result of an FTC Settlement, consumers allegedly affected by Aqua Finance's deceptive sales practices will receive over $19.8 million in refunds and an additional $23.6 million in debt relief. The FTC sued Aqua Finance, a company involved in funding household water treatment systems, in May 2024. The Complaint alleged that Aqua Finance and its dealers misled consumers about product financing terms, leaving consumers with unexpected debts and high-interest payments. The Settlement also requires Aqua Finance to monitor its dealers, provide clear and conspicuous disclosures of the company's financing, and to stop misrepresenting their financing terms.
Thursday, February 20, 2025
Consumer Protection; Competition; Technology; Social Media
- The FTC issued a Request for Information requesting public comment on how technology platforms may have restricted users access to services based on the content of their speech or affiliations. An accompanying press release stated that "[t]he FTC is interested in understanding how consumers—including by potentially unfair or deceptive acts or practices, or potentially unfair methods of competition—have been harmed by the policies of tech firms." Public comment will conclude on May 21, 2025.
Consumer Protection; Bureau of Consumer Protection; Shopping; Advertising and Marketing Endorsements, Influencers, and Reviews; Health Claims; Online Advertising and Marketing
- The FTC reached a Settlement with Gravity Defyer Medical Technology Corporation (Gravity Defyer) and its owner, Alexander Elnekaveh, regarding Gravity Defyer's allegedly deceptive pain-relief claims. In a June 2022 Complaint, the FTC alleged that Gravity Defyer and Elnekaveh violated the FTC Act and a 2001 Commission order by claiming, without substantiation, that Gravity Defyer footware reduced pain from various medical conditions. The Settlement requires Gravity Defyer and Elnekaveh to stop making health claims without scientific backing, preserve certain scientific records, and stop misrepresenting scientific evidence. It also requires Elnekaveh to pay a $175,000 civil penalty and to inform retailers selling Gravity Defyer footwear about the Commission's order.
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