FTC Consumer Protection Enforcement: Where We’ve Been and Where We’re Going

Andrew Sacks | DLA Piper LLP

Andy Sacks has more than 35 years of experience representing clients before federal and state regulatory agencies, with a focus on consumer protection and competition issues. Andy has served a wide range of clients from virtually all industries, with an emphasis on marketing, technology, and telecommunication companies. He has successfully defended corporate clients in numerous significant consumer protection regulatory proceedings, including favorably resolving cases at the investigative stage, after administrative or court litigation has been initiated but before trial, or through completion of successful litigation.

Brian Boyle | DLA Piper LLP

Brian Boyle is Deputy Chair of DLA Piper’s Antitrust and Competition group. A nationally recognized consumer protection and antitrust lawyer, he has deep experience in all aspects of consumer protection disputes, including investigations by the Federal Trade Commission (FTC), Department of Justice (DOJ), and state attorneys general, as well as class action litigation. He has worked with clients across the country and around the world to prepare for the implementation of the FTC’s Click-to-Cancel Rule.

I. Substantive Law Developments | 1:00pm – 1:30pm

• “Dark Patterns” in online marketing
• Negative options, ROSCA, and the “click to cancel” rule
• “Junk” fees
• Endorsements and testimonials, including use of influencers and product reviews
• FTC approach to AI
• New regulations finalized or proposed in 2024
• Major law enforcement cases

II. FTC Strategies for Monetary Relief Post Supreme Court Decision in AMG | 1:30pm – 2:00pm

• Aggressive interpretations of existing rules
• New trade regulation rules
• “Penalty Offense Notices”
• Partnering with other agencies, including state AGs

Break | 2:00pm – 2:10pm

III. Looking Forward | 2:10pm – 2:40pm

• Effect of new FTC leadership
• Project 2025’s discussion of FTC
• Significance of loss of Chevron deference under Loper Bright
• Is administrative enforcement through ALJ’s dead?
• Will states “fill the gap?”

IV. Practical Defense Strategies for 2025 | 2:40pm – 3:10pm

• Leveraging recent preemptive litigation efforts premised upon Axon
• Strategic use of perception of recent FTC overreach
• Assessing when a “harder line” with FTC staff may be productive