On December 10, 2024, President-elect Donald Trump announced that FTC commissioner Andrew Ferguson will chair the agency, while nominating Mark Meador to the commissioner vacancy. Ferguson was sworn in as FTC commissioner in April 2024 and can be elevated to FTC chair without U.S. Senate confirmation because of his prior confirmation process as commissioner. The Senate will carry out formal confirmation for Meador. Chair Khan is expected to announce her resignation before Trump’s inauguration on January 20, 2025.
Based on the nominations, we expect a reversal of numerous FTC policies and initiatives established under current chair Khan. The new administration is likely to shift to more deregulation and less enforcement. Ferguson has, in the past, advocated for Congress to establish clear guardrails around data privacy. He has also been critical of big tech and data brokers. It is unclear how Ferguson will shape AI policy and regulation, but Ferguson has been on the deregulation side of AI in the past.
“Comprehensive privacy regulation involves difficult choices and expensive tradeoffs. Congress alone can make those choices and tradeoffs,” - Andrew Ferguson.