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FTC Advises Staff to Avoid Referring to Agency as ‘Independent’ in Complaints

Photo credit: www.theverge.com

Staff members at the Federal Trade Commission (FTC) have received directives to avoid labeling the agency as “independent” in official complaints, as revealed by an email obtained by The Verge.

In a March 21 email, Christopher Mufarrige, the Director of the Bureau of Consumer Protection, instructed bureau leaders that when referring to the Commission as Plaintiff in complaints, they should adhere to the requested change. The email clarified, “The FTC is an independent agency of the United States Government created by the FTC Act.”

This development represents a growing trend under the current Republican leadership at the FTC, indicating a potential alignment with President Donald Trump’s efforts to exert influence over this traditionally autonomous entity. In February, Trump enacted an executive order allowing the White House to evaluate whether independent regulatory agencies align with presidential policies and priorities, marking an unprecedented adjustment in the agency’s oversight. This move has drawn significant attention, as it appears to signal a shift in how such agencies operate under the Trump administration.

On March 18, Trump dismissed two Democratic commissioners from the FTC, challenging established Supreme Court norms that typically require just cause for such removals. The ousted commissioners have initiated a lawsuit that includes documentation of a letter they received from the White House concerning their termination. The legal filing cites that the current FTC does not meet the “narrow” criteria established in a precedent case regarding presidential authority over commissioner dismissals, claiming, “Your continued service on the FTC is inconsistent with my Administration’s priorities,” as stated in Trump’s letter.

Republican FTC Chair Andrew Ferguson has publicly supported Trump’s actions, asserting, “My Democrat former colleagues are entitled to their day in court, but I have no doubt that President Trump’s lawful powers will ultimately be confirmed,” in reaction to the lawsuit regarding the commissioners’ dismissals.

Source
www.theverge.com

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