Sectors
Foley & Lardner LLP partners Ed Burbach and Jane Fergason examine the constitutionality of the U.S. Federal Trade Commission’s administrative process in their Direct Selling News article, “Is the FTC’s Administrative Process Unconstitutional?”
“In 2026, DSN readers should learn whether companies operating in the United States have a right to have legal claims brought against them by the federal government determined by the courts,” the authors write, “rather than through an administrative process designed and operated by the very federal government agency — such as the FTC — which brings the claims.”
Burbach and Fergason share takeaways from a case before the U.S. Supreme Court that may resolve conflicting interpretations of federal law on the subject, as well as a case making its way through the Fifth Circuit challenging the FTC’s administrative process.
“It is not yet clear when the court will rule,” the authors conclude, “but the result will likely affect all retailers in the United States, including direct sellers.”
