10 min
The FTC’s Magnuson-Moss Rulemaking Process – Still an Uphill Climb Kelley Drye Ad Law Access Podcast
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- Business
Hosted by Simone Roach
We’ve been hearing a lot lately about the FTC’s rulemaking procedures under Section 18 of the FTC Act (also known as “Mag-Moss” rulemaking). Long decried as too burdensome and difficult to use on a regular basis, this tool is now being celebrated for its enormous, untapped potential to establish industry-wide standards and enable the FTC to get monetary relief in its cases, post-AMG. (AMG didn’t affect the FTC authority to obtain monetary relief when it’s enforcing a rule.)
Is the old view or the new one correct? Is Mag-Moss rulemaking really so cumbersome, as many FTC staff and observers have long claimed? Have those burdens been overstated, warranting the enthusiasm we’re now seeing among FTC Commissioners, consumer groups, and Congress? Did the FTC’s changes to its internal rules last July (see below) really “streamline” the process as the FTC claimed?
As suggested by the title to this blogpost, I have an opinion: Mag-Moss is still an uphill climb. However, to enable readers to decide for themselves, I detail below the Mag-Moss process as laid out in the law. Although the FTC’s July changes stripped away some extra steps it had previously imposed under its rules, the hurdles in the law remain formidable.
Blog Post - https://www.adlawaccess.com/2022/01/articles/the-ftcs-magnuson-moss-rulemaking-process-still-an-uphill-climb/
Contact
Jessica L. Rich
jrich@kelleydrye.com
(202) 342-8580
Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Webinar - State Attorney General Consumer Protection Priorities for 2022
Please join Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Advertising and Marketing Partner Gonzalo Mon, and Privacy Partner Laura VanDruff for discussion and practical information on these and other state consumer protection, advertising, and privacy enforcement trends.
Register here https://kelleydrye.zoom.us/webinar/register/WN_m4-f_o9JTqmMeMo-YUoqHA
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
Hosted by Simone Roach
We’ve been hearing a lot lately about the FTC’s rulemaking procedures under Section 18 of the FTC Act (also known as “Mag-Moss” rulemaking). Long decried as too burdensome and difficult to use on a regular basis, this tool is now being celebrated for its enormous, untapped potential to establish industry-wide standards and enable the FTC to get monetary relief in its cases, post-AMG. (AMG didn’t affect the FTC authority to obtain monetary relief when it’s enforcing a rule.)
Is the old view or the new one correct? Is Mag-Moss rulemaking really so cumbersome, as many FTC staff and observers have long claimed? Have those burdens been overstated, warranting the enthusiasm we’re now seeing among FTC Commissioners, consumer groups, and Congress? Did the FTC’s changes to its internal rules last July (see below) really “streamline” the process as the FTC claimed?
As suggested by the title to this blogpost, I have an opinion: Mag-Moss is still an uphill climb. However, to enable readers to decide for themselves, I detail below the Mag-Moss process as laid out in the law. Although the FTC’s July changes stripped away some extra steps it had previously imposed under its rules, the hurdles in the law remain formidable.
Blog Post - https://www.adlawaccess.com/2022/01/articles/the-ftcs-magnuson-moss-rulemaking-process-still-an-uphill-climb/
Contact
Jessica L. Rich
jrich@kelleydrye.com
(202) 342-8580
Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Webinar - State Attorney General Consumer Protection Priorities for 2022
Please join Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Advertising and Marketing Partner Gonzalo Mon, and Privacy Partner Laura VanDruff for discussion and practical information on these and other state consumer protection, advertising, and privacy enforcement trends.
Register here https://kelleydrye.zoom.us/webinar/register/WN_m4-f_o9JTqmMeMo-YUoqHA
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.
www.kelleydrye.com
Produced and recorded by Jeff Scurry
10 min