FTC Opens New Channel for Industry Feedback on Consumer Protection Rules
The FTC's Bureau of Consumer Protection has launched a new guidance program inviting stakeholders to identify problems with existing rules, creating a new avenue for regulatory engagement.
The Federal Trade Commission’s Bureau of Consumer Protection (BCP) has launched a new Rule Guidance Program, creating a formal channel for businesses and other stakeholders to raise concerns about existing FTC rules. Unlike requests for advisory opinions, this program expressly invites industry to identify problems with the regulations themselves, such as ambiguities, conflicts with other laws, or requirements made impractical by new technology.
This development is important for corporate counsel because it represents a new, potentially influential avenue for regulatory engagement outside of formal rulemaking or enforcement proceedings. An agency response clarifying an ambiguous rule could benefit an entire industry. However, the process carries risks. A submission could reveal sensitive compliance practices to the FTC, and any resulting guidance will be made public, meaning an unfavorable interpretation could create new challenges for the submitting company and its peers. Counsel should therefore carefully weigh the strategic advantages of raising an issue industry-wide, perhaps through a trade association, against the risks of exposing company-specific information or receiving an unhelpful public response.