District of Columbia — At an open Commission
meeting on September 15, 2021, the Federal Trade Commission voted to make
significant changes to enhance public participation in the agency’s rulemaking, a
significant step to increase public participation and accountability around the
work of the FTC.
The Commission
approved a series of changes to the FTC’s Rules of Practice designed to make it
easier for members of the public to petition the agency for new rules or
changes to existing rules that are administered by the FTC. The changes are a
key part of the work of opening the FTC’s regulatory processes to public input
and scrutiny. This is a departure from the previous practice, under which the
Commission had no obligation to respond to or otherwise address petitions for
agency action.
“Guarding against
insularity is a constant challenge for virtually all federal agencies, and
ensuring that the FTC is accessible even to those who lack well-heeled counsel
or personal connections is essential to our institutional credibility,” said
Chair Lina M. Khan. “Congress granted the FTC the power to issue rules,
equipping us with a vital tool to protect the public from harmful business
practices. Interested members of the public will be able to petition the FTC to
invoke its rulemaking and other authorities to advance its mission.”
The updates to the
Rules of Practice make a number of changes designed to clarify the process of
submitting petitions to the FTC while also adding more opportunities for public
input and accountability in the Commission’s response to the petitions it
receives.
Among the changes are:
- More clarity for those seeking to file petitions
related to rulemaking with regard to information that is required with
submissions, as well as guidance on the data that can be helpful to the
Commission in evaluation petitions. - A new requirement that the Commission publish all
petitions for rulemaking that it receives in the Federal Register and
solicit public comment about those petitions. - A new requirement that the Commission provide
petitioners with a specific point of contact in the agency, and that the
Commission provide a response to petitioners on its decision to either act
on or deny the petition.
In addition to formal
rulemaking, the new changes will also apply to requests by certain parties for
special exemption from FTC rules, as well as petitions related to industry
guidance issued by the Commission.
The Commission vote to
approve the changes to the Rules of Practice and other related rules and to
publish the changes in the Federal Register was 4-1, with Commissioner
Christine S. Wilson voting no. Chair Khan issued a separate statement. Commissioner Rohit
Chopra also issued a separate statement.
The Federal Trade
Commission works to promote competition, and protect and educate consumers. You can learn more
about consumer topics and file a consumer
complaint online or by calling 1-877-FTC-HELP (382-4357). For
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The press release can be found here.
