On December 10, President-elect Trump announced two leadership selections for the Federal Trade Commission (FTC). He announced his selection of current FTC Commissioner Andrew Ferguson to become Commission Chair. Commissioner Ferguson was nominated in July of 2023 by President Biden to round out the Republican commissioner spots. He was confirmed by the Senate nearly a year later in March of 2024.
Ferguson will succeed Lina Khan in the Chair position and can assume the role immediately following the January 20 inauguration of President-elect Trump. Since he is a current commissioner, his selection as Chair does not require Senate confirmation.
President-elect Trump also announced his intent to nominate Mark Meador, a seasoned antitrust attorney, to be the third Republican commissioner. If confirmed by the Senate, Meador will serve alongside Ferguson as Chair, Republican Commissioner Melissa Holyoak, and Democratic Commissioners Rebecca Slaughter and Alvaro Bedoya.
The change in administration from President Biden to President-elect Trump will mean some changes in policy direction at the FTC, but there is still likely to be a focus on lowering consumer prices. If the Biden FTC finalizes its Junk Fee Rule before January 20, it is likely to be undone by President-elect Trump and the new congress.
The FTC has yet to issue a proposed update to the Funeral Rule. If FTC proposes a Funeral Rule update before January 20, it would be up to President-elect Trump and the new FTC whether to let the rulemaking proceed or to scrap the rule. Updating the Funeral Rule has received bipartisan support at the FTC.
The ICCFA expects a proposed update to the Funeral Rule – whether issued by the outgoing Biden Administration or under the incoming Trump Administration – to be moderated given the incoming Republican administration. ICCFA will continue to watch for FTC rule developments and, accordingly, to report on them.
