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ARTICLE · 16 DECEMBER 2021

What Rulemaking Is The FTC Planning For 2022? Now We Know

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

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After months of speculation, we now know what rules the FTC will launch or possibly amend in 2022, thanks to a Statement of Regulatory Priorities the FTC published December 9.

United StatesConsumer Protection
Jessica L. Rich
Jessica L. Rich

After months of speculation, we now know what rules the FTC will launch or possibly amend in 2022, thanks to a Statement of Regulatory Priorities the FTC published December 9.

The headlines? In addition to reviewing or taking action on almost 20 existing rules and guides, the FTC plans to develop multiple new rules on surveillance, unfair methods of competition, and potentially a slew of other issues. And the Republican Commissioners are crying foul.

New rules

The new rules highlighted in the FTC's Statement pack a whole lot of punch, as they encompass multiple issues and could lead to multiple separate rules. They include:

  • Rule(s) to halt "abuses stemming from surveillance-based business models," which could curb "lax security practices" and "intrusive surveillance," and "ensur[e] that algorithmic decision-making does not result in unlawful discrimination." The FTC's Statement signals that these rule(s) will address both consumer protection and

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