House Judiciary Committee chairman Jim Jordan (R-OH) fired off a warning shot at Federal Trade Commission chair Lina Khan, according to the New York Post: stop investigating civil rights matters.
Jordan, along with Rep. Cathy McMorris Rodgers (R-WA), chairwoman of the House Committee on Energy and Commerce, sent Khan a letter Thursday taking particular issue with the FTC's lawsuit against Coulter Motor Company, which operates Buick and Cadillac dealerships in Tempe, Arizona.
The suit accuses Coulter of "deceptive" online pricing schemes and illegal junk fees. Of particular interest to the Republican lawmakers, it also accuses them of charging Latino customers an average of $1,200 more in interest and fees than everyone else.
This effectively amounts to the FTC deputizing itself as a civil rights agency, Jordan and Rodgers warned — something they argue the FTC has no authority to do.
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“Both Commissioners [Andrew] Ferguson and [Melissa] Holyoak raised concerns not only because the FTC Act does not contemplate such claims, but the FTC making up such a claim and including it as part of a settlement agreement can set a dangerous precedent,” said the letter.
The lawmakers added that while the FTC is in charge of enforcing the 1974 Equal Credit Opportunity Act, “that authority to challenge conduct under the ECOA does not accordingly permit the FTC to separately challenge conduct as 'unfair discrimination' pursuant to the FTC Act.”
Jordan and Rodgers cited the Supreme Court's ruling earlier this year overturning Chevron deference, or the requirement that courts presume the expertise of executive agencies in interpreting their own rulemaking powers. They warned that the question of whether the FTC can police discrimination is likely to be challenged in court, where judges can now more easily deny this authority.
Khan, widely considered to be a hero of progressive activists within the Biden administration, has led the charge on stronger antitrust enforcement, particularly pursuing the breakup of big tech monopolies — which has led some wealthy Democratic donors and surrogates to pressure Vice President Kamala Harris to replace her if she is elected.
