The advertising lobby has been working to undermine the FTC’s ability to serve the public interest. Advertisers are fearful that the FTC–finally awakened from a long digital slumber–will actually investigate the numerous problems linked especially to marketing (think prescription drugs, financial marketing of subprime loans, etc.). They are especially concerned that the FTC will effectively address privacy and consumer protection problems related to privacy, interactive advertising, children and adolescents, and “green” marketing. Here’s the letter which was sent late yesterday to Chairman Waxman and Ranking Member Barton:
October 28, 2009
Chairman Henry Waxman
Rep. Joe Barton, Ranking Member
Energy and Commerce Committee
(via email)
Dear Chairman Waxman and Rep. Barton:
We write to support the provisions in H.R. 3126, the “Consumer Financial Protection Agency Act of 2009†(CFPA Act), designed to ensure that the Federal Trade Commission has the resources and authority to protect consumers from unfair and deceptive practices.
We believe that the FTC must play a more proactive role addressing critical consumer concerns, including privacy, online marketing, and food advertising to young people. Therefore, we fully support the legislative language in H.R.3126 that would enable the commission to conduct consumer protection rulemaking under the provisions of the Administrative Procedures Act (APA); provide it with aiding and abetting liability for violations of the Section 5 of the FTC Act involving unfair or deceptive practices; and enable it to seek civil penalty liability for unfair and deceptive practices found to violate Section 5. We also support providing the FTC independent litigating authority in civil penalty cases.
As you know, the FTC’s ability to serve consumers has been hamstrung because of its “Magnuson-Moss†rulemaking procedure. As a result, the FTC has not been able to effectively engage in a timely and effective rulemaking process. By providing the FTC with the same APA rulemaking authority enjoyed by other federal agencies, it will enable the commission to engage in consumer protection activities in a timely manner.
Respectfully,
American Academy of Child and Adolescent Psychiatry
Campaign for Commercial Free Childhood
Center for Democracy and Technology
Center for Digital Democracy
Center for Science in the Public Interest
Children Now
Consumer Federation of America
Consumer Action
Consumers Union
Consumer Watchdog
Free Press
Electronic Frontier Foundation
Media Access Project
Privacy Rights Clearinghouse
Privacy Times
Public Citizen
Public Knowledge
Public Health Institute
U.S. PIRG
World Privacy Forum
David Britt, CEO (retired) Sesame Workshop
Prof. Kelly Brownell, Yale University
Prof. Robert McChesney, University of Illinois at Urbana-Champaign
Prof. Kathryn C. Montgomery, American University
Prof. Joseph Turow, University of Pennsylvania
Prof. Ellen Wartella, UC Riverside
