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Showing archive for:  “Consumer Protection”

Blackout Rebates: Tipping the Scales at the FCC

Cable and satellite programming blackouts often generate significant headlines. While the share of the population affected by blackouts may be small—bordering on minuscule—most consumers don’t like the idea of programming blackouts and balk at the idea of paying for TV programming they can’t access.  Enter the Federal Communications Commission (FCC) with a bold proposal to ... Blackout Rebates: Tipping the Scales at the FCC

The CFPB’s Misleading Slant on Competition in Credit-Card Markets

In yet another example of interagency cheerleading from the Federal Trade Commission (FTC), Chair Lina Khan recently touted the work of the Consumer Financial Protection Bureau (CFPB) on payments networks: New @CFPB research reveals that large banks are offering worse credit card terms & interest rates than small banks and credit unions, regardless of credit ... The CFPB’s Misleading Slant on Competition in Credit-Card Markets

Are Early-Termination Fees ‘Junk’ Fees?

Cable and satellite companies often get a bad rap for early termination fees (ETFs). Consumer advocates portray them as “junk fees” or billing traps meant to cheat customers. And the Federal Communications Commission (FCC) appears to accept these allegations at face value, characterizing ETFs as “junk fee billing practices … that penalize subscribers for terminating ... Are Early-Termination Fees ‘Junk’ Fees?

Four Problems with the Supreme Court’s Refusal To Hear the Epic v Apple Dispute

The U.S. Supreme Court this week rejected both parties’ petitions for certiorari in appeals of the 9th U.S. Circuit Court of Appeals’ Epic Games v Apple decision. Many observers—including Epic CEO Tim Sweeney—have marked this as an unmitigated loss for Epic.  That’s partly right. The district court had correctly rejected Epic’s federal antitrust claims against ... Four Problems with the Supreme Court’s Refusal To Hear the Epic v Apple Dispute

A Consumer-Welfare-Centric Reform Agenda for the Federal Trade Commission

As we approach a presidential election year, it is time to begin developing a  comprehensive reform agenda for the Federal Trade Commission (FTC). In that spirit, this post proposes 12 reforms that could be implemented by new leadership, either through unilateral action by a new chair or (in some cases) majority votes of the commission. ... A Consumer-Welfare-Centric Reform Agenda for the Federal Trade Commission

Where Are the New FTC Rules?

Perhaps more than at any time in its history, the Federal Trade Commission (FTC) under Chair Lina Khan has highlighted substantive rulemaking as a central element of its policy agenda. But despite a great deal of rule-related sound and fury (signifying nothing?), new final rules have yet to emerge, and do not appear imminent. This ... Where Are the New FTC Rules?

Google, Amazon, Switching Costs, and Red Herrings

Way back in May, I cracked wise about the Federal Trade Commission’s (FTC) fictional “Bureau of Let’s Sue Meta,” noting that the commission’s proposal (really, an “order to show cause”) to modify its 2020 settlement of a consumer-protection matter with what had then been Facebook—in other words, a settlement modifying a 2012 settlement—was the FTC’s ... Google, Amazon, Switching Costs, and Red Herrings

I, For One, Welcome Our New FTC Overlords

In this post—the last planned post for this symposium on The FTC’s New Normal (though we will continue to accept unsolicited submissions of responses)—I will offer some summary of the ideas that have been shared here over the past month, before turning to some of my own thoughts. To keep your attention rapt, I will ... I, For One, Welcome Our New FTC Overlords

More FTC Overreach in Labor Markets

The Federal Trade Commission (FTC) and U.S. Labor Department (DOL) signed a memorandum of understanding (MOU) this past week “to strengthen the Agencies’ partnership through greater cooperation and coordination in information sharing, investigations and enforcement activity, training, education, research, and outreach.” The accompanying Sept. 21 announcement is another example of FTC overreach, as it highlights ... More FTC Overreach in Labor Markets

Note to the FTC: Punishing Efficiency Means Destroying Competition

Yesterday, Lina Khan’s FTC released their long-awaited draft merger guidelines for public comment. Regrettably yet not unsurprisingly, the new guidelines are a radical departure from established case law and antitrust thinking. They’re marked by a failure to account for the role of efficiencies in the competitive process, and a failure to distinguish between the implications of generally ... Note to the FTC: Punishing Efficiency Means Destroying Competition

FTC Returns to Section 18 Rulemaking with Impersonation Fraud Hearing

The Federal Trade Commission (FTC) last week held its first informal hearing in 20 years on Section 18 rulemaking. The hearing itself had a technical delay, which to us participants felt like another 20 years, but was a mere two hours or so. At issue is a proposed rule intended to target impersonation fraud. Impersonation fraudsters hold themselves out ... FTC Returns to Section 18 Rulemaking with Impersonation Fraud Hearing

Biweekly FTC Roundup: Bureau of Let’s-Sue-Meta Edition

The Federal Trade Commission (FTC) might soon be charging rent to Meta Inc. The commission earlier this week issued (bear with me) an “Order to Show Cause why the Commission should not modify its Decision and Order, In the Matter of Facebook, Inc., Docket No. C-4365 (July 27, 2012), as modified by Order Modifying Prior Decision and Order, In ... Biweekly FTC Roundup: Bureau of Let’s-Sue-Meta Edition