FTC Commissioner Mark Meador spoke at the National Advertising Division's Annual Conference this week in Washington and provided some insight into his views on advertising and consumer protection.
Meador began by noting that he was an antitrust lawyer prior to becoming a commissioner, with limited exposure to consumer protection issues. He noted that many antitrust matters contest subtle issues of market definition and the anticompetitive effects likely to occur in the future.
On the other hand, Meador described many of the cases brought by the FTC's Bureau of Consumer Protection as fighting evil and involving conduct that morally shocked him. He threw in a quote from Leviticus 19:35-36 to make his point: "Do not use dishonest standards when measuring length, weight, or volume. Your scales and weights must be accurate. Your containers for measuring dry materials or liquids must be accurate."
Kitchen Table Issues: Tackling Consumer Scams and Restoring Redress Authority
Meador identified two areas of particular concern. The first was what he referred to as "kitchen table issues," which he defined as topics impacting ordinary families, including business opportunity scams, investment training scams, and other conduct that erodes consumer trust and preys upon Americans' entrepreneurial spirit.
Meador discussed the importance of obtaining redress to deal with such cases and noted that the loss of the ability to go directly to court for redress in many cases after the Supreme Court's decision in AMG was a challenge for the agency. He applauded staff's efforts to find paths to obtain redress in cases. While he conceded that AMG was properly decided, he called on Congress to restore the FTC's redress authority but did not offer specifics on the scope of what that ability might be.
Protecting Children in the Age of AI and COPPA Enforcement
Meador's second priority is protecting children, and this is not surprising, as he has six of them and a seventh due to arrive any day. He pointed to recent COPPA cases, the Take It Down Act, and the dangers of AI having permissionless access to children as important areas for the FTC.
Meador noted that he was open to considering industry self-regulation on how AI deals with children; he also noted that he was skeptical of the effectiveness and concerned about potential antitrust issues if the industry sets content standards.
During a brief question session with NAD leadership, Meador mentioned that he was disappointed that the Click to Cancel Rule was struck down and blamed "shortcuts" the Khan FTC had taken that led to the rule's demise. Meador noted that whether the FTC should embark again on a rulemaking on the topic was something being considered.
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