This past November, the Department of Veterans Affairs (the “VA”) and the Federal Trade Commission signed an updated Memorandum of Agreement, which pledges ongoing efforts in the oversight and enforcement of laws pertaining to the advertising, sales, and enrollment practices of institutions of higher learning and other establishments that offer training for military education benefits recipients. A copy of the Memorandum of Agreement can be found here.

The two government agencies agreed to cooperate in the investigation of entities that target military service members through deceptive or unfair advertising or enrollment practices, and potentially coordinate efforts in enforcement actions. Critically, the revised Memorandum of Agreement highlights the terms under which the VA can refer potential violations to the FTC.

The Memorandum of Agreement suggests that the FTC may make servicemember protections, including the Servicemembers Civil Relief Act (“SCRA”), a key area of its focus and enforcement activity in 2019. Troutman Sanders will continue to monitor developments involving the FTC and will provide any further updates as they are available.