June 29, 2016

House Energy and Commerce Committee Likely to Mark Up #DisruptFTC Legislation After Recess

Seller Beware: Consumer Protection Insights for Industry

When Congress returns to Washington DC next week, we expect the House Energy and Commerce Committee to mark up legislation to reform and limit the authority of the Federal Trade Commission (FTC) as part of its #DisruptFTC series during the two weeks Congress is in session (weeks of July 5 and 11). Congress then leaves for a seven-week recess for party conventions and its traditional August recess.

Last week, the full committee postponed a June 23 mark-up of the #DisruptFTCF legislation due to last-minute changes to the congressional calendar related to the Democrats' gun control sit-in. If the committee does not find time in its schedule to mark up the FTC bills in July, it will have to wait until September to consider the legislation.

The committee is expected to mark up several FTC bills, including the bipartisan Consumer Review Fairness Act (H.R. 5111) and the FTC Process and Transparency Reform Act (H.R. 5510). H.R. 5510 is a comprehensive bill that combines several other bills that were previously introduced and are aimed at reforming the FTC's authority, including the following:

  • Technological Innovation through Modernizing Enforcement (TIME) Act (R. 5093)
  • Statement on Unfairness Reinforcement and Emphasis (SURE) Act (R. 5115)
  • Clarifying Legality and Enforcement Action Reasoning (CLEAR) Act (R. 5109)
  • Revealing Economic Conclusions for Suggestions (RECS) Act (R. 5136)
  • Solidifying Habitual and Institutional Explanations of Liability and Defenses (SHIELD) Act (R. 5118)
  • Start Taking Action on Lingering Liabilities (STALL) Act (R. 5097)
  • Freeing Responsible and Effective Exchanges (FREE) Act (R. 5116)

The Consumer Review Fairness Act and the comprehensive bill were approved by the Subcommittee on Commerce, Manufacturing, and Trade on June 9. For more information about these bills, please see our previous posts from May 5 and June 2.

© Arnold & Porter Kaye Scholer LLP 2016 All Rights Reserved. This blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.

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