On February 10, 2022 the Federal Trade Commission announced that it intends to vote whether to issue an Advance Notice of Proposed Rulemaking on “deceptive earnings claims for business ventures, gig or other work opportunities, or educational, coaching or training offerings.” The vote is set to take place on February 17, 2022 at an open meeting. A webcast will be available on the FTC’s website after the meeting.
Interestingly, while the announcement references a wide spectrum of earnings claims., it does not reference the FTC’s Business Opportunity Rule. The Business Opportunity Rule requires business opportunity sellers to give prospective buyers specific information to help them evaluate a business opportunity, thus ensuring that the prospective purchasers have the information they need in order to assess the risks of buying a work-at-home program or any other business opportunity.
This announcement should be of great interest to digital marketers, especially if the FTC issues a new rule - with civil monetary penalties for violation thereof – that broadly regulates earnings claims. It is undoubtedly the result of the recent U.S. Supreme Court’s AMG decision that held the FTC cannot obtain monetary relief under Section 13(b). The FTC can, however, seek monetary relief when a rule is violated.
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