by Luke Dembosky, Avi Gesser, Ted Hassi, Paul D. Rubin, Jim Pastore, Johanna Skrzypczyk, Leah Martin, Melissa Runsten, and Christopher S. Ford
Companies developing FTC compliance programs, or under investigation by the FTC’s Bureau of Consumer Protection, should be aware of significant developments impacting the Commission’s regulatory authority and enforcement priorities.
Despite a number of recent judicial defeats that have significantly hampered the FTC’s ability to obtain: (1) injunctive relief when purported violative behavior is not ongoing; and (2) monetary remedies in federal court under Section 13(b) of the Federal Trade Commission Act (the “FTCA”), new FTC Chair Lina Khan has indicated that the FTC intends to aggressively enforce existing FTC consumer protection laws—and in particular alleged privacy and cybersecurity violations.