Freeman Quoted on “Legacy-Making” Moves Expected from the FTC in 2023

With only two years remaining under the (first?) Biden Administration and with the 2024 election picture still taking shape, look for the FTC under Democratic leadership to do some legacy-making in 2023. In addition to focusing on its Commercial Surveillance and Data Security rulemaking proceeding, the FTC will flex its muscle in investigations and enforcement actions. The FTC finally reached a 3-2 Democratic majority in May 2022, and spent the summer pushing out its new rulemaking proceeding. The FTC will almost certainly refocus in 2023 on aggressive enforcement of deceptive and unfair privacy and data security practices. This is notable because this FTC has signaled new and expanded areas of focus, including targeted advertising, location privacy, biometrics, AI and ML, children’s privacy, social media, civil rights, and employee privacy, to name a few. The FTC will also continue to push the envelope on remedies, including a renewed focus on individual liability for officers, expansive positive and negative injunctions, and the use of Notices of Penalty Offense Letters to be able to obtain equitable monetary relief in Section 5 cases.

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