FTC-PR-2502 (Federal Trade Commission News – March, 2025) (2025)
FTC-PR-2502 – The FTC’s mission is protecting the public from deceptive or unfair business practices and from unfair methods of competition through law enforcement, advocacy, research, and education.
February 26, 2025
- FTC Approves Final Order Requiring Building Service Contractor to Stop Enforcing a No-Hire Agreement
- The Federal Trade Commission today finalized a consent order that requires building services contractor Planned Building Services and its affiliated companies to cease their enforcement of no-hire agreements.
- The FTC issued a complaint in January 2025 against Planned Building Services, Inc., Planned Security Services, Inc., Planned Lifestyle Services, Inc., and Planned Technologies Services, Inc. which do business as Planned Companies, (Planned), alleging that the companies’ enforcement of their no-hire agreements limited workers’ ability to negotiate for higher wages, better benefits, and improved working conditions.
- Under the no-hire agreements, residential and commercial building owners were limited from hiring building service workers that were employed by Planned. The no-hire agreements were included in customer service agreements with building owners, according to the FTC’s complaint.
- The final consent order places several restrictions and requirements on Planned, including ordering Planned to cease and desist from, directly or indirectly, enforcing a no-hire agreement or communicating to any prospective or current customer that a Planned employee is subject to a no-hire agreement. It also requires Planned to stop including no-hire agreements in their customer contracts and to notify customers and employees that their existing no-hire agreements are no longer enforceable.
- FTC Launches Joint Labor Task Force to Protect American Workers
- Today, Federal Trade Commission Chairman Andrew N. Ferguson directed the FTC to form a Joint Labor Task Force that will work to prioritize rooting out and prosecuting deceptive, unfair, and anticompetitive labor-market practices that harm American workers.
- Pursuant to a memorandum issued by Chairman Ferguson, the FTC’s Bureau of Competition, Bureau of Consumer Protection, Bureau of Economics, and Office of Policy Planning are directed to work together to carry out a variety of responsibilities. The task force will focus on, for example, prioritizing investigations and prosecutions of deceptive, unfair, or anticompetitive labor market conduct and coordinating all such actions across the Bureaus, creating information-sharing protocols across the FTC’s Bureaus and offices to exchange best practices for uncovering and investigating such conduct, and promoting research regarding harmful labor market practices to inform the FTC and the public.
- A healthy labor market is critical to the country’s success. But deceptive, unfair, and anticompetitive labor practices are widespread. They negatively affect workers across all types of industries by limiting their mobility and ability to earn a living. Such harmful practices come in a variety of forms. For example, the Chairman’s directive highlights no-poach, non-solicitation, or no-hire agreements, noncompete agreements, wage-fixing agreements, deceptive job advertising such as misleading earnings claims, deceptive business opportunities, misleading franchise offerings, and collusion or unlawful coordination on DEI employment metrics.
- The Chairman’s directive seeks to harmonize the FTC’s law-enforcement efforts on behalf of workers to ensure that the FTC prioritizes labor issues in both its consumer-protection and competition matters.
February 24, 2025
- FTC Announces Refund Claims Process for Avast Customers Impacted by Deceptive Privacy Claims
- The Federal Trade Commission is sending claim forms to consumers who bought deceptively marketed antivirus software from Avast.
- The FTC alleged in a February 2024 complaint that Avast deceived users by claiming that its software would protect consumers’ privacy by blocking third party tracking, but it failed to adequately inform consumers that it would collect and sell their detailed, re-identifiable browsing data. The FTC alleged Avast sold that data to more than 100 third parties through its subsidiary, Jumpshot.
- As part of a settlement order with the FTC, Avast was required to pay $16.5 million, which will be used to compensate consumers. The order also bans Avast from misrepresenting how it uses the data it collects and from selling or licensing any browsing data from Avast-branded products to third parties for advertising purposes, along with other requirements.
- The FTC is emailing notices to 3,690,813 consumers who bought antivirus software from Avast between August 2014 and January 2020. Consumers who are eligible to apply will get an email notice between now and March 7, 2025.
- Eligible consumers can file a claim online at www.ftc.gov/Avast. Payment amounts will depend on several factors, including how many people file claims.
- The deadline for filing a claim is June 5, 2025. Consumers who have questions or need help filing a claim should call the claims administrator at 866-290-0165 or email info@AvastSettlement.com. The Commission never requires people to pay money or provide account information to submit a claim or receive a refund.
February 20, 2025
- FTC Secures Court Order Barring Gravity Defyer and its Owner from Making Unsupported Pain-Relief Claims to Market Company’s Footwear
- Gravity Defyer Medical Technology Corporation (Gravity Defyer) and its owner Alexander Elnekaveh will have to stop making alleged deceptive pain-relief claims for Gravity Defyer footwear, under a settlement with the Federal Trade Commission.
- The federal order also requires Elnekaveh to pay a $175,000 civil penalty for allegedly violating a prior Commission order barring him from deceptive advertising.
- will relieve pain, including knee, back and foot pain;
- will relieve pain in people suffering from multiple conditions such as plantar fasciitis, arthritis, joint pain, and heel spurs; and
- was clinically proven to relieve pain, including 85% less knee pain, 91% less back pain, 92% less ankle pain, and 75% less foot pain.
- California-based Gravity Defyer advertised their Gravity Defyer footwear as containing soles with “VersoShock” technology that supposedly relieves pain, including pain from numerous medical conditions, according to the FTC’s complaint.
- Federal Trade Commission Launches Inquiry on Tech Censorship
- Today, the Federal Trade Commission launched a public inquiry to better understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliations, and how this conduct may have violated the law.
- Censorship by technology platforms is not just un-American, it is potentially illegal. Tech firms can employ confusing or unpredictable internal procedures that cut users off, sometimes with no ability appeal the decision. Such actions taken by tech platforms may harm consumers, affect competition, may have resulted from a lack of competition, or may have been the product of anti-competitive conduct.
- The FTC issued a Request for Information (RFI) requesting public comment on how consumers may have been harmed by technology platforms that limited their ability to share ideas or affiliations freely and openly.
- “Tech firms should not be bullying their users,” said FTC Chairman Andrew N. Ferguson. “This inquiry will help the FTC better understand how these firms may have violated the law by silencing and intimidating Americans for speaking their minds.”
- Tech platform users who have been banned, shadow banned, demonetized, or otherwise censored are encouraged to share their comments in response to the RFI. The FTC is interested in understanding how consumers—including by potentially unfair or deceptive acts or practices, or potentially unfair methods of competition—have been harmed by the policies of tech firms.
- The public will have until May 21, 2025 to submit a comment. Once submitted, comments will be posted to Regulations.gov. If consumers would prefer to file a private report with the FTC instead, they can go to ReportFraud.ftc.gov and click “Report Now.”
February 19, 2025
- FTC Sends More Than $19.8 Million in Refunds to Consumers Harmed by Aqua Finance’s Deceptive Sales Tactics
- The Federal Trade Commission is sending more than $19.8 million in refunds to consumers who were harmed by deceptive sales tactics from household water treatment funding company Aqua Finance.
- The FTC filed a lawsuit in May 2024 against Aqua Finance, charging that the company’s nationwide network of dealers, in door-to-door sales, deceived consumers about the financing terms for water filtering and softening products. According to the complaint, the false claims left consumers with hundreds to thousands of dollars in unexpected debt and large interest payments, while its financing terms impaired some consumers’ ability to sell or refinance their homes. The company agreed to a settlement with the FTC that requires the company to closely monitor its dealers and make clear disclosures to consumers. The settlement also required the company to provide $23.6 million in debt relief to consumers in addition to providing money for refunds.
- The FTC is sending checks to 29,653 affected consumers. Recipients should cash their checks within 90 days, as indicated on the check. Consumers who have questions about their payment should contact the refund administrator, Epiq Systems, at 888-884-8509, or visit the FTC website to view frequently asked questions about the refund process. The Commission never requires people to pay money or provide account information to get a refund.
February 18, 2025
- FTC Chairman Andrew N. Ferguson Announces that the FTC and DOJ’s Joint 2023 Merger Guidelines Are in Effect
- Federal Trade Commission Chairman Andrew N. Ferguson announced today that the FTC and Department of Justice’s joint 2023 Merger Guidelines are in effect and will serve as the framework for the FTC’s merger-review analysis.
- “Stability is good for the enforcement agencies. The wholesale rescission and reworking of guidelines is time consuming and expensive,” Chairman Ferguson said. “We should undertake this process sparingly. We have limited resources to patrol the beat and constant turnover undermines agency credibility.”
- Chairman Ferguson’s memo to staff on the Merger Guidelines can be found here.
- Federal Trade Commission Chairman Andrew N. Ferguson Appoints Deputy Directors for the Bureau of Competition and Bureau of Consumer Protection
- Federal Trade Commission Chairman Andrew N. Ferguson has appointed David Shaw as Principal Deputy Director and Kelse Moen as Deputy Director of the agency’s Bureau of Competition and Douglas C. Geho as Deputy Director of the Bureau of Consumer Protection.
- Shaw is an experienced antitrust lawyer with expertise in high-stakes litigation and contentious merger review. During the first Trump Administration, Shaw served in the Department of Justice’s Antitrust Division in a variety of roles, from the front lines as a trial attorney to the front office as acting chief of staff. As a trial attorney, he served on multiple trial teams, including the first litigated vertical merger challenge in forty years. While serving in DOJ’s front office, he held a leadership role in the Big Tech investigations and successfully coordinated a bipartisan coalition of state attorneys general joining the DOJ complaint in the Google search monopolization case.
- In addition to his government service, Shaw was a partner in the antitrust practice of a large international law firm. He received his J.D. from the Georgetown University Law Center and his B.A. from Patrick Henry College.
- Moen is an experienced antitrust attorney, with a career in both government service and private practice. Most recently, he served as senior counsel to the U.S. Senate Judiciary Committee for Senator Lindsey Graham, where he focused on antitrust, technology, and intellectual property issues, a position that he held until his appointment to the FTC.
- Before joining the Judiciary Committee staff, Moen spent nearly a decade practicing antitrust law at major international law firms, representing businesses and individuals in high-stakes and high-profile government investigations, class actions, civil and criminal litigation, and merger reviews. He clerked for Judge Robert Mariani of the U.S. District Court for the Middle District of Pennsylvania. He is a graduate of Emory University and Cornell Law School.
- Geho is a highly talented lawyer with extensive enforcement, regulatory, and litigation experience. During the first Trump Administration, Geho served at the Department of Labor as Counsel and Policy Advisor, and then Counselor to the Assistant Secretary for Policy, where he advanced efforts relating to regulatory and enforcement reform, worker safety and training, and additional Administration priorities. He then served as a lead attorney for the House Judiciary Committee and two of its subcommittees. He also managed investigations for the Senate Committee on Homeland Security and Governmental Affairs.
- Most recently, Geho served as an Attorney Advisor to Commissioner Melissa Holyoak handling consumer protection matters for her office. He clerked for Judge Alice M. Batchelder on the U.S. Court of Appeals for the Sixth Circuit. Prior to his government service, Geho was a litigator in private practice. Geho is a graduate of Georgetown University’s Law School and Grove City College.
February 14, 2025
- FTC Chairman Ferguson Announces New Policy Regarding American Bar Association
- Today, Federal Trade Commission Chairman Andrew N. Ferguson announced a new policy that prohibits FTC political appointees from holding leadership roles in the American Bar Association (ABA), participating in ABA events, or renewing their ABA memberships. Additionally, the FTC will no longer use its resources to support any employee’s ABA membership or participation in ABA activities.
- Chairman Ferguson’s letter to staff can be found here.
February 11, 2025
- FTC Finalizes Order with DoNotPay That Prohibits Deceptive ‘AI Lawyer’ Claims, Imposes Monetary Relief, and Requires Notice to Past Subscribers
- The Federal Trade Commission has finalized an order requiring DoNotPay, a company that promoted its online subscription service as “the world’s first robot lawyer,” to stop making deceptive claims about the abilities of its AI chatbot.
- In a complaint announced in September 2024, the FTC charged that DoNotPay’s so-called robot lawyer failed to live up to claims that it was an adequate substitute for the expertise of a human lawyer. According to the complaint, the company did not test whether its “AI lawyer” operated to the level of a human lawyer when generating legal documents and giving advice, and the company did not hire or retain attorneys to test the quality and accuracy of its service’s law-related features.
- The final order requires DoNotPay to pay $193,000 in monetary relief and notify consumers who subscribed to the service between 2021 and 2023 about the FTC settlement. The order also prohibits DoNotPay from advertising that its service performs like a real lawyer unless it has sufficient evidence to back it up.
- FTC Publishes Inflation-Adjusted Civil Penalty Amounts for 2025
- The Federal Trade Commission has adjusted the maximum civil penalty dollar amounts for violations of 16 provisions of law the FTC enforces, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The Act directs agencies to implement annual inflation adjustments based on a prescribed formula.
- The new maximum civil penalty amounts became effective once they were published in the Federal Register on January 17, 2025.
- The maximum civil penalty amount has increased from $51,744 to $53,088 for violations of Sections 5(l), 5(m)(1)(A), and 5(m)(1)(B) of the FTC Act, Section 7A(g)(l) of the Clayton Act, and Section 525(b) of the Energy Policy and Conservation Act. It has increased from $680 to $698 for violations of Section 10 of the FTC Act.
- The maximum civil penalty amount has increased from $1,472,546 to $1,510,803 for violations of Section 814(a) of the Energy Independence and Security Act of 2007. The maximum civil penalty amounts for other law violations within the agency’s jurisdiction are listed in the Federal Register notice.
- FTC Postpones Workshop on Attention Economy: Monopolizing Kids’ Time Online
- The Federal Trade Commission is postponing a February 25 virtual workshop examining the use of design features on digital platforms aimed at keeping kids, including teens, online longer and returning more frequently.
- When a new date is chosen, the FTC will post that information to the workshop’s event webpage along with other updates.
February 10, 2025
- FTC Chairman Ferguson Appoints Christopher Mufarrige as Director of the Bureau of Consumer Protection
- Federal Trade Commission Chairman Andrew N. Ferguson has appointed Christopher Mufarrige as Director of the agency’s Bureau of Consumer Protection.
- “I am delighted to appoint Chris Mufarrige as the next Director of the Bureau of Consumer Protection. Chris is a stellar attorney and a tireless public servant,” Chairman Ferguson said. “The Bureau of Consumer Protection with Chris at the helm will work every day to protect the American consumer from fraud, and to safeguard children when they are online.”
- Mufarrige is an experienced consumer protection lawyer who served in the first Trump Administration as a Senior Adviser to the Director and Deputy Director of the Consumer Financial Protection Bureau, advising on enforcement, rulemaking, and supervisory exams relating to the country’s largest banks and nonbank financial institutions. Most recently, he was Commissioner Melissa Holyoak’s Chief of Staff and Attorney Adviser. He has also worked at private law firms and as an in-house lawyer. In his free time, Mufarrige taught a class on financial services and consumer protection at George Mason University’s Antonin Scalia Law School.
- Mufarrige graduated from Scalia Law School, has a master’s degree in economics from George Mason University, and a B.S. in economics from Texas Christian University.
- FTC Chairman Ferguson Appoints Daniel Guarnera as Director of Bureau of Competition
- Federal Trade Commission Chairman Andrew N. Ferguson has appointed Daniel Guarnera as Director of the Bureau of Competition.
- “I am thrilled Dan is joining the FTC as Director of the Bureau of Competition,” said Chairman Ferguson. “He has tremendous experience litigating antitrust cases in critical markets, including agriculture and Big Tech. Few lawyers in America have as much experience taking on Big Tech as Dan. He also has experience using the antitrust laws to promote competition in labor and healthcare markets—two of my top priorities. Under Dan’s leadership, the Bureau of Competition will do its part to fulfill President Trump’s promise to lower the cost of living for all Americans, to promote innovation, and to protect the interests of American workers.”
- Guarnera joins the Commission from the U.S. Department of Justice Antitrust Division, where he served as chief of the Civil Conduct Task Force. During his tenure, the task force filed monopolization suits against Google and Apple, as well as multiple cases involving agriculture and labor markets. Prior to his role as chief, Guarnera participated in conduct and merger matters in industries such as transportation, healthcare, and technology, including as a trial attorney and counsel to the Assistant Attorney General of the Antitrust Division during the first Trump Administration. He previously served as special counsel to U.S. Senate Judiciary Committee Chairman Charles Grassley during the confirmation of President Trump’s Supreme Court appointee, Justice Neil Gorsuch. He also worked in private practice and clerked for the Honorable Diane S. Sykes of the U.S. Court of Appeals for the Seventh Circuit.
- Guarnera earned bachelor’s degrees in political science and French-European studies from American University and earned law and business administration degrees from the University of Virginia.
- FTC Chairman Ferguson Appoints Lucas Croslow as General Counsel of the Federal Trade Commission
- Federal Trade Commission Chairman Andrew N. Ferguson has appointed Lucas Croslow as General Counsel of the Federal Trade Commission.
- “The Commission will receive top-notch legal advice with Lucas Croslow as its General Counsel,” Chairman Ferguson said. “Lucas is a highly skilled lawyer and experienced litigator. As Chairman, I want to win the cases we bring. The Commission is set up for success with Lucas in this critical position.”
- Croslow previously served as Deputy Solicitor General of Virginia. In that role he litigated cases against the regulatory overreach of the Biden Administration and worked on cases advancing religious liberty, Second Amendment rights, and the rights of parents to control the education of their children. Croslow also served as a senior Senate staffer for the confirmations of President Trump’s Supreme Court nominees Brett Kavanaugh and Amy Coney Barrett. As a lawyer in private practice, he has represented clients in high-profile trials and appeals and in investigations by Congress, the FTC, and other federal agencies. He is a graduate of Yale Law School and The King’s College and clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit.
February 6, 2025
- FTC Sends More Than $2.6 Million in Refunds to Small Businesses Harmed by Payment Processor First American Payment Systems
- The Federal Trade Commission is sending more than $2.6 million in refunds to small businesses harmed by payment processor First American Payment Systems.
- The FTC filed a lawsuit in July 2022 against First American, charging the company with trapping small businesses with hidden terms, surprise exit fees, and zombie charges. The FTC alleged the company made false claims about fees and cost savings to lure merchants. Once merchants were enrolled, the defendants withdrew funds from their accounts without their consent and made it difficult and expensive for them to cancel the service. The defendants settled the lawsuit with the FTC by paying money to refund small businesses. They also agreed to stop misleading businesses about their fees and make it easier for businesses to cancel their services.
- The FTC is sending checks to 5,588 small businesses. Recipients should cash their checks within 90 days, as indicated on the check.
- The agency is also mailing claim forms to 16,181 businesses who enrolled with First American Payment Systems between June 2017 and April 2020 and later canceled their enrollment. Businesses who were charged an early termination fee may apply for a refund. The deadline to submit a claim is May 7, 2025.