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Consumer Law

Tale of Two Agencies – Overlapping Jurisdiction of the FCC and FTC

Sponsored by the Federalist Society's Telecommunications & Electronic Media Practice Group Wednesday, September 02, 12:00 PMNational Press Club - Holeman Lounge
529 14th Street NW
Washington, DC 20045

With the adoption of the Open Internet Order, the Federal Communications Commission has potentially waded into areas that have historically been within the Federal Trade Commission’s jurisdiction. How are privacy, consumer protection, and technology policy issues currently being handled by the agencies – do their actions complement each other or are they creating regulatory tension and uncertainty? If there is a turf war going on, will Congress step in or will the courts decide? How does it impact competition policies and consumer protection? Join FCC Commissioner Ajit Pai and FTC Commissioner Maureen Ohlhausen as they engage in a moderated discussion about these and other issues relating to the respective roles of their agencies.

Featuring:

  • Hon. Maureen K. Ohlhausen, Federal Trade Commission
  • Hon. Ajit V. Pai, Federal Communications Commission
  • Moderator: Alexander Okuliar, Partner, Orrick, Herrington & Sutcliffe LLP

Consumer Financial Protection Bureau Update - June 2015 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Julius L. Loeser June 17, 2015

Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee provided an update on recent important activity at the Consumer Financial Protection Bureau (CFPB).

  • Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
  • Julius L. Loeser, Of Counsel, Winston & Strawn LLP

Consumer Financial Protection Bureau Update - May 2015 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Julius L. Loeser May 21, 2015

Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee provided an update on important activity at the Consumer Financial Protection Bureau (CFPB).  Developments included the CFPB's adoption of a final policy on publishing consumer complaint narratives, a moratorium on credit card issuers submitting their credit card agreements to the CFPB, the Office of Management and Budget's threat of recommending the veto of a bill that would reduce the CFPB's budget by 0.1% over then next ten years, and the D.C. Circuit Court of Appeals decision to uphold the dismissal on procedural grounds in Morgan Drexen, Inc. v. CFPB, a suit challenging the constitutionality of the CFPB.

  • Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
  • Julius L. Loeser, Of Counsel, Winston & Strawn LLP

The FTC and FCC: Regulatory Overlap - Podcast

Telecommunications & Electronic Media Practice Group Podcast
Joshua D. Wright May 15, 2015

With the Federal Communications Commission's recent net neutrality regulations, the FCC has potentially entered into the Federal Trade Commission's regulatory arena in the area of antitrust regulation and consumer protection. Are the FCC's net neutrality rules an impermissible intrusion on the FTC's portfolio, or is the regulatory tension between the FTC and FCC merely an accident of overlapping jurisdiction provided by Congress in the respective statutes creating each agency?

  • Hon. Joshua D. Wright, Commissioner, United States Federal Trade Commission

Consumer Financial Protection Bureau Update - April 2015 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Julius L. Loeser, Todd J. Zywicki April 23, 2015

Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee provided an update on recent important activity at the Consumer Financial Protection Bureau (CFPB).

  • Julius L. Loeser, Of Counsel, Winston & Strawn LLP
  • Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law