FTC Nominee Pledges to Work with State AGs on Privacy Enforcement

Sen. John Hickenlooper, D-Colo., asked Meador whether state AGs should have the authority to enforce a federal privacy law. Meador, a former antitrust staffer for Sen. Mike Lee, R-Utah, said the FTC has had “very productive relationships” with AGs on antitrust enforcement, and they would likely be “equally productive” on privacy. Potential FTC-AG enforcement collaboration is one of the topics a House Republican privacy working group is exploring (see 2502240055).

Democrats at Tuesday’s hearing repeatedly pressed Meador to defend the agency’s independence, given President Donald Trump’s desire to reverse Humphrey’s Executor v. U.S. (see 2502200060). Some committee Democrats told us they won’t support Meador’s confirmation over concerns about agency independence. Republicans can confirm Meador with a simple majority, meaning they don’t need Democratic support.

Meador repeatedly declined to take a position on Humphrey’s Executor. Chairman Andrew Ferguson has already backed DOJ’s position that the FTC firing protections established by the U.S. Supreme Court are unconstitutional. Sens. Ben Ray Lujan, D-N.M.; Ed Markey, D-Mass.; Andy Kim, D-N.J.; Gary Peters, D-Mich.; and Tammy Duckworth, D-Ill., told Meador they have significant concerns about the FTC maintaining independence if Humphrey's is reversed. Peters said the effort to reverse Humphrey's is part of a broader “unitary executive” approach that Trump embraces.

Meador told Democrats he didn’t want to comment on ongoing FTC litigation, but said he is committed to enforcing federal law “without fear or favor to any party.” Meador cited legal writing from Justice Elena Kagan in support of presidential power over federal agencies. Kagan argued “direct executive control of agencies increases democratic accountability,” said Meador. The November election showed Americans want “greater accountability in how the federal government is administered,” said the FTC nominee. He said his plan is to enforce the law and advance the Trump agenda.

Senate Commerce Committee Chairman Ted Cruz, R-Texas, told us last week he supports DOJ’s position on Humphrey’s Executor. It shouldn’t be surprising that Trump nominees will work to implement the president's agenda, Cruz said Tuesday: Ultimately, the president is “democratically accountable to the people” during elections.

Ranking member Maria Cantwell, D-Wash., asked Meador for his opinion on the FTC’s Section 13(b) authority. The agency used this authority for decades in consumer protection and antitrust enforcement to recoup monetary damages for consumers. A unanimous U.S. Supreme Court in 2021 eliminated the agency’s 13(b) authority, saying the agency had for years overinterpreted its power.

Meador said he agrees it's important for the FTC to recoup damages for consumers, but deferred to Congress on how to proceed with exact authority. Cantwell has led legislative efforts to restore the authority. Meador said he would look forward to working with staff to determine what authority has been effective in the past.

Meador told Markey and Sen. Marsha Blackburn, R-Tenn., that he’s committed to protecting children’s privacy, which is “one of the most important missions for FTC and Congress.” Markey and Blackburn have led legislative efforts on kids privacy. Markey noted that when he met with Meador on Monday, the nominee conceded he isn’t “very familiar” with the Children’s Online Privacy Protection Act. Markey authored COPPA and is lead sponsor on legislation to update the statute. Meador said he’s committed to getting up to speed on COPPA.