As acknowledged by an opinion issued by the California Attorney General’s office, the Supreme Court’s decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission caught state governments by surprise. Most states have allowed their licensing boards to operate under the assumption that industry members were protected from antitrust suits under
Federal Trade Commission
FTC’s Active Supervision Guidelines: A Regulatory Board Exercising Adjudicatory Powers
By Bill Stalter on
Posted in Preneed
In its Active Supervision Guidelines, the Federal Trade Commission staff discusses how regulatory boards frequently act in an adjudicatory capacity by seeking to impose discipline on a licensee or by seeking to enjoin an unlicensed individual. While such actions may have an anti-competitive effect, those actions will not necessarily expose the board members to…
Active Supervision of An Industry Board: Let’s Start with What it Ain’t.
By Bill Stalter on
Last week we posted the Federal Trade Commission’s Active Supervision Guidelines for industry boards. The Guidelines set some substantial standards for the independent state agency or attorney general that provides supervision over an industry board. When that agency or attorney fails to satisfy the supervision requirements, the industry members are exposed to personal liability when…
State Funeral Boards and Oversight Standards: Meaningful Supervision
By Bill Stalter on
In this past week’s Memorial Business Journal, the NFDA’s general counsel offered insight on the FTC’s guidelines to state supervision of industry regulatory boards. In a decision that rocked state boards comprised of industry members, the United States Supreme Court affirmed a decision that had held members of the North Carolina Dental Board subject…
Preneed Turf War: Pennsylvania Funeral Directors and StoneMor
By Bill Stalter on
In an unusual move for a death care regulator, the Federal Trade Commission weighed in on the preneed turf war that has erupted between Pennsylvania funeral directors and StoneMor Partners. At the request of the chairman for a Pennsylvania legislative committee, the FTC responded with a detailed letter warning against various bill proposals aimed at…