FTC Commissioners Clash over “Up To” Earnings Claims and Scope of Pen…

The FTC settled with Handy Technologies for $2.95m over deceptive "up to" earnings claims to gig workers, but Commissioner Ferguson dissented on whether the FTC properly identified a predicate offense required to impose civil penalties under Section 5(m) of the FTC Act. If you advertise earnings to workers or customers, the FTC has already told you which claims it considers illegal - and Ferguson's dissent shows the agency's own commissioners disagree on how hard they can hit you for ignoring that notice. The penalty is now civil dollars, not just a cease-and-desist.