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He clarified that the FTC’s role is to ensure companies communicate accurately about their offerings. “They have a constitutional right to be biased,” Ferguson remarked, “but they must be honest about how they deliver information.”
Ongoing Monitoring and Regulatory Approach
The FTC’s approach involves proactive outreach, including sending letters to companies like Apple to review their policies and ensure compliance with Section 5 of the FTC Act, which prohibits deceptive practices. These letters serve as guidance rather than accusations, highlighting the agency’s preventive stance. Ferguson explained that the FTC does not act as the "speech police," but rather ensures that businesses fulfill their obligation to be honest when making representations.