One year after President Trump began his second term, the slate of commissioners at the Federal Trade Commission (FTC) continues to evolve and has not yet reached its maximum capacity of five commissioners.
Since the end of last year, the FTC has been operating with just two remaining commissioners – chair Andrew Ferguson and fellow Republican Mark Meador. Republican Commissioner Melissa Holyoak left the FTC last fall to serve as Interim U.S. Attorney for the District of Utah. Last week, President Trump nominated David MacNeil, founder and CEO of Illinois-based WeatherTech, which manufactures and sells car floor mats and other aftermarket items, to be the third Republican commissioner (the other two spots would go to Democrats).
MacNeil has notably supported the President’s tariffs for creating a level playing field for U.S. businesses. His nomination will require Senate confirmation and is likely to be met with steep opposition from Senate Democrats as a result of President Trump’s firing of the two Democratic commissioners last March. Their firing has led to a U.S. Supreme Court case centering on the President’s power to fire heads of independent agencies, like the FTC.
ICCFA will continue to monitor the status of FTC commissioners because understanding who leads the FTC is important for insights on how it will act. However, it is equally important to acknowledge that the FTC can continue to operate with just two commissioners. For example, the FTC recently finalized a consent decree prohibiting a telehealth provider from engaging in deceptive advertising and engaging in unfair billing strategies; it also just took action against an education technology provider to implement a data security program; and approved a consent order to prevent a company from enforcing noncompete agreements against its employees.
