Since Andrew Ferguson assumed the role of FTC chair in January 2025, has the FTC shifted its approach to privacy enforcement at all? The Bradley law firm has published a few articles at Online and On Point focused on that question.
In Part 1, “Staying in Our Lane”: Andrew Ferguson’s FTC Philosophy on Privacy Enforcement, Danner Kline writes:
Philosophical Approach: “Staying in Our Lane”
The cornerstone of Ferguson’s regulatory philosophy is a commitment to enforcing existing laws without extending the FTC’s reach beyond what he views as its congressional mandate. In his September 2024 remarks at the International Consumer Protection and Enforcement Network, Ferguson emphasized:
“We must be mindful not to stretch the scope of consumer-protection laws beyond their rightful purpose. We must stay in our lane.”
He cautioned against treating consumer protection law as a “panacea for social ills,” arguing that doing so undermines the rule of law, creates legal uncertainty, and can have a chilling effect on innovation.
Read more of Part 1.
In Part 2, “Children and Location: Ferguson’s FTC Privacy Enforcement Priorities,” Danner Kline writes:
Prioritizing Children’s Privacy
Ferguson has demonstrated strong support for protecting children’s online privacy. In his January 2025 concurrence on COPPA Rule amendments, he supported the amendments as “the culmination of a bipartisan effort initiated when President Trump was last in office.” However, he also identified specific problems with the final rule, including:
- Provisions that might inadvertently lock companies into existing third-party vendors, potentially harming competition;
- A new requirement prohibiting indefinite data retention that could have unintended consequences, such as deleting childhood digital records that adults might value; and
- Missed opportunities to clarify that the rule doesn’t obstruct the use of children’s personal information solely for age verification.
Ferguson’s enforcement record as commissioner reveals his belief that children’s privacy represents a “settled consensus” area where the commission should exercise its full enforcement authority.
Read more of Part 2.