State of the Bureau: A BCP Progress Report

On Monday I leave the FTC after eight wonderful years, most recently leading the Bureau of Consumer Protection. I cannot imagine more fulfilling work. Consumer protection has been my passion since law school, when I advocated for families fighting to stay in their homes after the financial crisis. That experience taught me the importance of a muscular government – one ready to take on powerful interests to protect people from economic abuses. Fifteen years later, I’m proud to leave behind a Bureau that is stronger than ever in advancing that mission.

Over the past four years, the Bureau of Consumer Protection has tackled some of the most persistent problems facing consumers. Through sustained enforcement and targeted rulemaking, we’ve cracked down on junk fees, subscription traps, and fake reviews. We’ve turned the page on the “notice and consent” privacy framework and have set new standards for protecting people’s sensitive data. We’ve secured major wins in markets that are longtime pain points for consumers, including cars, housing, and healthcare. We’ve strengthened safeguards for kids, delivered new protections for teens, expanded our civil rights enforcement, and fought the exploitation of military families. We took bold steps to protect small businesses from scams, retaliation, and financial exploitation. And we’ve rearmed the agency to challenge fraud in the aftermath of AMG — returning millions of dollars to the public, proposing new protections against investment schemes, and leading the largest crackdown on unwanted calls in history.

In addition to taking on persistent problems, we’ve also adapted our tools to confront emerging threats. As gig platforms play a larger role in the economy, we’ve ensured they can’t exploit customers, workers, or small businesses. Dark patterns that can make the internet feel like a casino have been a key focus, and we’ve taken them on through reports, cases, and rules. And when generative AI hit the scene in 2022, the FTC was ready — bringing groundbreaking cases, publishing foundational reports, upgrading our world-class tech lab, launching anti-fraud challenges, and laying out clear dos and don’ts for how this technology can be marketed and deployed.

We’ve also reimagined how we engage with the public. Our consumer and business education efforts are reaching people in more than a dozen languages and counting. We’ve integrated more than 100 new data partners into the Consumer Sentinel Network, and have made it easier for non-English speakers to report lawbreaking. Nationwide listening sessions have deepened our understanding of challenges in the marketplace, while our rulemakings have drawn more than 80,000 public comments. At Open Commission Meetings, we’ve heard from independent repairers, franchisees, entrepreneurs, and other voices advocating for fairness and opportunity.

These are but a sample of our recent wins – there are more. But our work is far from complete. We have made significant strides in finding new ways to return money to consumers, but a fix to our 13(b) authority is badly needed. Data minimization is now a core part of our enforcement program, but Americans need strong, baseline protections across the board. We’ve cracked down on junk fees in sectors including housing, healthcare, and food delivery, but market-wide rules are needed to solidify those gains. And more work must be done to stay ahead of emerging trends, including surveillance pricing, the gamblification of work, and unlawful practices that harm low-income tenants. 

More than any single case or rule, I think our most important legacy is demonstrating how an active FTC can deliver big wins for the public. And I am confident these wins will endure. Some of our biggest successes have been bipartisan, and many are being replicated in states across America. But even more important than the broad support for our work is the team that makes it happen – our incredible staff. That BCP can punch above its weight year after year is a testament to the talent, dedication, and productivity of our staff and managers. I could not have asked for a stronger team, or for better colleagues.

It has been the honor of my life to serve Chair Khan, our Commissioners, and the American people alongside this small but mighty team. I leave with a full heart, knowing the FTC will continue to champion fairness, opportunity, and justice in the marketplace for years to come.

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