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What's Really Going on at the FTC & Why You Should Care

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).

chip cooper, esq. ecommerce attorney

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Outdated strategies and tactics that you may be relying on will not be effective anymore.

My 2-Minute Email Can Help

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summaries of new developments, insights, strategies, tactics, and alerts.

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chip cooper, esq. ecommerce attorney

Contact Us

Need help? Or a little Q&A to see if we’re a good fit? Book a call below and let’s chat. You'll be working directly with me, not another attorney. I help eCommerce and digital marketers with Internet marketing and advertising compliance so they can be compliant and competitive in a hyper-regulated digital marketplace.
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