Businesses facing an unresolved question about a Federal Trade Commission rule now have a dedicated way to bring it to the agency’s Bureau of Consumer Protection. On Sept. 10, 2026, the Bureau announced its Rule Guidance Program, which invites stakeholders to “identify genuine ambiguities in the Commission’s rules, substantive conflicts between a rule and an existing statute or other rule, and other significant issues that may exist within Commission rules.”

If the Bureau decides an issue warrants a response, it may publish guidance so others have an opportunity to benefit from the answer.

How to Raise an Issue

What the Program Is Designed to Answer

The FTC has stated that the Rule Guidance Program provides a channel for identifying substantive issues with rules — not for asking routine compliance questions. According to the agency, Bureau staff will not restate a rule or answer a question already addressed by a rule’s text, existing business guidance, or a formal advisory opinion. Further, Bureau staff will not assume a business’s responsibility for applying legal standards to its own practices.

For example, the FTC notes that staff will not use the program to decide whether a business’s disclosure is “clear and conspicuous.” A submission identifying specific provisions that appear to conflict would more closely fit the Bureau’s stated criteria than a request to approve a particular disclosure.

Practical Takeaways

Businesses considering a submission should first review the relevant rule text and existing FTC guidance. If the issue remains unresolved, a useful submission will explain the competing interpretations or conflict and the reason the answer matters in practice. Trade associations may also find the program useful for questions that affect multiple members.

The program does not guarantee an answer, nor does it change a business’s compliance obligations while a question is pending. The Bureau also states that staff guidance is not binding on the Commission or the public. Businesses should therefore consider treating the program as an opportunity to seek broader clarity on a rule, while continuing to make and document their own compliance judgments.

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Photo of Timothy A. Butler Timothy A. Butler

Tim Butler helps companies thrive by developing tailored strategies to address their regulatory compliance challenges and vigorously defending them in government enforcement actions and bet-the-company lawsuits.

A former prosecuting attorney for the Federal Trade Commission (FTC) and former senior official in the Georgia…

Tim Butler helps companies thrive by developing tailored strategies to address their regulatory compliance challenges and vigorously defending them in government enforcement actions and bet-the-company lawsuits.

A former prosecuting attorney for the Federal Trade Commission (FTC) and former senior official in the Georgia Attorney General’s Office, Tim has led the defense of dozens of government investigations and enforcement actions brought by the FTC, the Consumer Financial Protection Bureau (CFPB), and the various state attorneys general. Tim also regularly defends clients in bet-the-company lawsuits, including complex business disputes and consumer class actions alleging privacy, false advertising, and unfair or deceptive business practice claims.

Tim is an experienced guide for companies struggling with regulatory complexity. He offers clear advice that helps his clients meet the demands of the ever-growing set of laws and regulations governing data privacy and cybersecurity, advertising and marketing practices, and consumer financial products and services. Clients rely on Tim’s business-minded and practical strategies to address their most difficult regulatory compliance challenges.

A graduate of the University of Chicago and Stanford Law School, Tim is a prolific author and regularly speaks to industry and trade groups about the evolving privacy landscape, about cutting-edge issues affecting payments and fintech companies, and about developments at the FTC, the CFPB, and within the state attorneys general community.

Photo of Matthew White Matthew White

Matt White guides clients through regulatory compliance challenges and represents clients in regulatory and civil investigations and litigation.

Matt has counseled fintech and payment companies on regulatory compliance matters, including those involving the Electronic Fund Transfer Act, the Fair Credit Reporting Act, the…

Matt White guides clients through regulatory compliance challenges and represents clients in regulatory and civil investigations and litigation.

Matt has counseled fintech and payment companies on regulatory compliance matters, including those involving the Electronic Fund Transfer Act, the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the Truth in Lending Act, and their respective implementing regulations (Regulations E, V, P, and Z). Adept with the Consumer Financial Protection Bureau’s (CFPB) Prepaid Rule, Matt has provided guidance regarding prepaid cards and related compliance.

Matt has also aided clients in developing regulatory compliant products and functionalities, including an earned wage access program, reimbursement prepaid card programs, new merchant cash advance products, and tokenized payment capabilities. In connection with products on which Matt advises, he has also negotiated high-stakes technology sales agreements involving complex regulatory issues, including compliance with data privacy laws, financial regulations, and card network rules.

Beyond helping clients strategize for regulatory complexity, Matt also helps clients navigate government investigations and enforcement actions brought by the Federal Trade Commission (FTC), CFPB, and state attorneys general.

Photo of Cody B. Davis Cody B. Davis

Cody Davis advises clients on regulatory compliance, data privacy, and consumer protection matters within the financial technology sector, with a focus on payments, emerging platforms, and evolving regulatory frameworks. He works with companies navigating complex federal and state requirements, including regulatory compliance, government…

Cody Davis advises clients on regulatory compliance, data privacy, and consumer protection matters within the financial technology sector, with a focus on payments, emerging platforms, and evolving regulatory frameworks. He works with companies navigating complex federal and state requirements, including regulatory compliance, government investigations, and risk management across the fintech ecosystem.

Cody also has prior experience working with clients in the health care space on mergers and acquisitions as well as regulatory compliance with HIPAA, state telehealth rules, and facility licensure requirements.