If You're a Digital Marketer or Agency, You Should Know This One Thing
Things are different now.
It's all about a landmark decision by the U.S. Supreme Court in 2021 (AMG v. FTC).
The U.S. Supreme Court overruled the FTC's authority to seek monetary relief (fines)
based on Section 13(b) of the FTC Act.
This decision drastically limited the scope of the FTC's enforcement authority.
Result: The FTC is Now in an Aggressive, Over-Reaction Mode (Think "Fines")
As a result, beginning in 2021, the number and pace of proposed and new
regulations are at an all-time high.
The FTC is relying on its cumbersome Rulemaking Authority for 2 purposes:
1. To convert and update former guidelines into more specific and more comprehensive rules, and
2. To authorize the FTC to seek "fines" for rules violations.
Why You Should Care
The FTC is already much more aggressive and armed with new and increased
enforcement authority.
One interim FTC tactic is using Penalty Notice Letters to seek fines.
Under a different section of the FTC Act, the FTC may levy fines against violators
who received Penalty Notice Letters if they violate certain stipulated offenses listed in Notices.
In addition, the FTC is fast-tracking Rulemaking procedures.
When the Rulemaking process is complete, the FTC will be armed with more
comprehensive regulations and greater authority to levy fines than ever before.
Bottom line: if you're a digital marketer or agency, this development will change how
you market and advertise online.
Outdated strategies and tactics that you may be relying on will not be effective anymore.
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