FTC Opens Rulemaking Petition Process, Promoting Public Participation and Accountability

District of Columbia -- At an open Commission meeting on September 15, 2021, the Federal Trade Commission voted to make significant changes to enhance public participation in the agency’s rulemaking, a significant step to increase public participation and accountability around the work of the FTC.

The Commission approved a series of changes to the FTC’s Rules of Practice designed to make it easier for members of the public to petition the agency for new rules or changes to existing rules that are administered by the FTC. The changes are a key part of the work of opening the FTC’s regulatory processes to public input and scrutiny. This is a departure from the previous practice, under which the Commission had no obligation to respond to or otherwise address petitions for agency action.

“Guarding against insularity is a constant challenge for virtually all federal agencies, and ensuring that the FTC is accessible even to those who lack well-heeled counsel or personal connections is essential to our institutional credibility,” said Chair Lina M. Khan. “Congress granted the FTC the power to issue rules, equipping us with a vital tool to protect the public from harmful business practices. Interested members of the public will be able to petition the FTC to invoke its rulemaking and other authorities to advance its mission.”