On July 22, 2021, the Federal Trade Commission finalized important changes to its procedures for rulemaking under Section 18 of the FTC Act. Section 18 authorizes the Commission to make regulations, termed “Trade Regulation Rules,” (or “Magnuson-Moss Rules” after their authorizing statute), which “define with specificity” conduct that violates the FTC Act’s ban on “unfair or deceptive” business practices. Section 18 rules are promulgated through a “hybrid rulemaking” process that includes, if an interested party requests it, an “informal hearing” with limited opportunities for oral presentation and cross-examination by representatives of stakeholder groups. (more…)