On May 8, 2026, Federal Trade Commission (FTC) Chairman Andrew Ferguson sent a public warning letter to mortgage service provider Mortgage Connect L.P. (Mortgage Connect). The letter encourages Mortgage Connect to “conduct a comprehensive review of its employment contracts—including any noncompete agreements or other restrictive covenants—to ensure that they comply with applicable laws and are appropriately tailored to the circumstances.” To the extent that Mortgage Connect’s review of its employment contracts might identify any noncompete provisions or restrictive covenants that are “not reasonably necessary to achieve procompetitive aims,” the Chairman’s letter “strongly encourage[s]” Mortgage Connect to immediately discontinue its use of these agreements and to notify affected workers that these agreements will not be enforced.
The impetus for the Chairman’s letter was a routine civil lawsuit that Mortgage Connect filed in Pennsylvania state court, seeking to enforce a noncompete agreement against a former employee and the competitor that had hired her. According to the Chairman’s letter, the public docket from that lawsuit reveals that Mortgage Connect “requires all of its employees to sign noncompete agreements without regard to the employee’s role or responsibilities.” At trial, Mortgage Connect sought to defend this practice by arguing that its noncompete agreements are necessary to protect the investments Mortgage Connect makes in training its employees and to...
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