Congressional Split Looms Over Including Retroactive Reach In FTC Monetary Relief Authority
Lawmakers disagree whether legislation to amend an FTC regulation to grant the commission authority to pursue monetary remedies should be retroactive, which would impact approximately 75 pending federal court cases alleging violations.
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The FTC published a notice of proposed rulemaking on 23 March to update its 1973 Negative Option Rule, which has become obsolete vis-à-vis new marketing strategies in today’s digital world. Proposed amendments would clarify, expand and consolidate negative option-related provisions currently dispersed across different FTC laws and regulations.
There is strong support for a bipartisan fix to discourage marketplace fraud and anticompetitive practices and enable consumer redress under the FTC Act. But Congress is distracted and deeply divided with different ideas about how extensive the FTC’s authorities should be under Section 13(b) of the FTC Act.
AdvoCare return money lost in its pyramid scheme requiring distributors to buy thousands of dollars of products to be eligible for cash bonuses, other rewards but compensated distributors for attracting additional recruits, not for sales to customers.