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ARTICLE · 15 FEBRUARY 2022

Kick-Off Time For FTC Rulemaking On Earnings Claims

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

Kelley Drye & Warren LLP

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Last Thursday (February 10), the FTC announced that it "will vote" at its February 17 open meeting to issue an Advance Notice of Proposed Rulemaking (ANPR) on "deceptive earnings claims...

United StatesStrategy
Jessica L. Rich
Jessica L. Rich
John E. Villafranco
John E. Villafranco
Donnelly L. McDowell
Donnelly L. McDowell

Last Thursday (February 10), the FTC announced that it "will vote" at its February 17 open meeting to issue an Advance Notice of Proposed Rulemaking (ANPR) on "deceptive earnings claims for business ventures, gig or other work opportunities, or educational, coaching or training offerings." Here's our take on what we can glean from this announcement and what we might expect as the rulemaking process moves forward:

  • Issuing an ANPR requires a majority vote of the Commission, which is currently comprised of two Democrats and two Republicans. In announcing that it "will vote" to issue the ANPR, the FTC is expressing confidence that it has the votes to do so - i.e., at least one Republican plans to approve the ANPR.

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