Troutman Pepper attorneys Brooke Conkle and Chris Capurso were quoted in the February 26, 2025 Automotive News article, “Trump FTC Chairman OK’d Some Cases Against Dealerships, Showed Skepticism on Disparate Impact.”

“I think it would be an error for those in the auto industry to assume that Ferguson is just going to kind of turn a blind eye to anything that’s going on,” said Brooke Conkle, a partner at the Richmond, Va., office of the Troutman Pepper Locke law firm. “His opinions have shown that he is a proponent of law and order; he just wants that law and order to be clear.”

“It is helpful, I think, for auto folks especially to know that he is on the record even in his slight amount of time with the FTC concurring on some … big auto actions” said Chris Capurso, an associate attorney at the Richmond, Va., office of Troutman Pepper Locke.

Ferguson “definitely has an eye out for disparate impact” under the act [the Equal Credit Opportunity Act] and “doesn’t seem to be a big fan of that,” Capurso said.

“I’m not sure that it would be safe to assume the kind of measures that were in the CARS Rule are totally off of the docket for this version of the FTC,” said Conkle.

“The bright line around price advertising” and that idea of price clarity from the CARS Rule seemed to be “something that would still have traction with Ferguson,” Conkle said.

Insight Industries + Practices