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FTC and FCC Sign Memorandum of Understanding on Continued Cooperation on Consumer Protection Issues

The Federal Trade Commission and the Federal Communications Commission (FCC) have signed a Memorandum of Understanding (MOU) reiterating the agencies’ ongoing cooperation on consumer protection matters in response to the FCC’s decision last week to restore net neutrality by reclassifying broadband service as a Title II telecommunications service.

“The FTC is squarely focused on protecting Americans from illegal business tactics, from tackling AI-enabled voice cloning fraud to fighting the scourge of robocalls. We look forward to continuing to work in close partnership with the FCC,” said FTC Chair Lina M. Khan. “Effective law enforcement requires targeting the upstream actors enabling unlawful conduct, and having the FCC as a partner here will be critical.”

“Consumers do not want their broadband provider cutting sweetheart deals, with fast lanes for some services and slow lanes for others. They do not want their providers engaging in blocking, throttling, and paid prioritization,” said FCC Chairwoman Jessica Rosenworcel. “If consumers have problems, they expect the Nation’s expert authority on communications to be able to respond. Now we can. In partnership with our colleagues at the FTC, we will protect consumers and ensure internet openness, defend national security, and monitor network resiliency and reliability. I thank Chair Khan and her team for their leadership and cooperation in protecting consumers.”

The MOU formalizes the existing cooperation between the agencies, outlining how the FTC and FCC will coordinate consumer protection efforts. The memorandum details methods by which the agencies will coordinate and share information and recognizes the agencies’ expertise in their respective jurisdictions.

The MOU reiterates that the FTC would continue to have jurisdiction over non-common carrier activities carried out by common carriers and clarifies that the FCC order does not impact the FTC’s jurisdiction over Voice Over Internet Providers.

The agencies have followed a similar MOU related to telemarketing enforcement issues since 2015. The MOU announced today will go into effect when the FCC’s net neutrality goes into effect.

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