FTC Regulation Tracker—October

The big regulatory news out of the FTC in October is a Notice of Proposed Rulemaking on Unfair or Deceptive Fees, or as the Commission calls them, "Junk Fees." As we explain in more detail in our article on the Proposed Rulemaking if implemented, the new rule would require most businesses to change the way they disclose the price of goods and services they sell to provide more transparency to consumers. Under the proposed rule (1) businesses are prohibited from offering, selling or advertising a price that consumers must pay without "Clearly and Conspicuously" disclosing the "Total Price," and (2) the Total Price must be displayed more prominently than any other information relating to the price the consumer may pay. If codified, the rule would allow the FTC to obtain 5(m)(1)(A) monetary penalties for a wide swath of practices related to what the Commission sees as hidden fees.