CFPB Issues Interpretive Rule Preempting State Medical Debt Reporting Bans. On October 28, the CFPB issued an interpretive rule expressing that the Fair Credit Reporting Act (FCRA) generally preempts state laws that touch on...more
11/5/2025
/ California Consumer Privacy Act (CCPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Cryptocurrency ,
Enforcement Actions ,
Fair Credit Reporting Act (FCRA) ,
Medical Debt ,
New Regulations ,
Notice of Proposed Rulemaking (NOPR) ,
Online Safety for Children ,
Preemption ,
Regulatory Requirements ,
State Attorneys General ,
Subscription Services
The National Association of Attorneys General (NAAG) held its fall consumer protection conference last week in Washington, DC, where state Attorneys General (AGs) discussed enforcement priorities and strategies. The...more
10/30/2025
/ Artificial Intelligence ,
Consumer Protection Laws ,
Data Privacy ,
Debt Collection ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hidden Fees ,
New Legislation ,
Public Health ,
State Attorneys General ,
State Privacy Laws ,
Student Loans
FTC and Nevada AG Obtain Temporary Restraining Order and Asset Freeze Against Tax Debt Relief Company, Its Affiliates, and Its Operators for Allegedly Deceptive Practices. On October 6, the FTC and Nevada Attorney General...more
10/22/2025
/ Asset Freeze ,
California Consumer Privacy Act (CCPA) ,
Consumer Protection Laws ,
Data Breach ,
Debt Relief ,
Debt-Relief Industry ,
Department of Financial Protection and Innovation (DFPI) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Request For Information ,
State Attorneys General ,
Telemarketing ,
Telemarketing Sales Rule ,
Unfair or Deceptive Trade Practices
FTC Seeks Comment on Proposed Strategic Plan. On September 26, the FTC announced that it is seeking public comment on the agency’s Draft Strategic Plan for Fiscal Years 2026-2030. The FTC’s strategic plan is updated every...more
10/9/2025
/ Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Act ,
Consumer Protection Laws ,
COPPA ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Online Safety for Children ,
Proposed Rules ,
Reporting Requirements ,
Request For Information ,
ROSCA ,
State Attorneys General
On Thursday September 25, the U.S. Department of Justice (DOJ) announced the creation of a new Enforcement & Affirmative Litigation Branch within the Civil Division. According to the DOJ press release, DOJ’s affirmative...more
10/8/2025
/ Constitutional Challenges ,
Consumer Product Safety Commission (CPSC) ,
Consumer Protection Laws ,
COPPA ,
Department of Justice (DOJ) ,
Deregulation ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Immigration Enforcement ,
Regulatory Authority ,
Regulatory Reform ,
State and Local Government ,
Unfair or Deceptive Trade Practices
October 7, 2025 marks Day 7 of the government shutdown. Multiple press reports indicate not much progress has been made thus far in resolving the shutdown dispute. On a Sunday morning show on Fox News, Senate Majority Leader...more
10/8/2025
/ Appropriations Bill ,
CFIUS ,
COFC ,
Department of Agriculture ,
Department of Justice (DOJ) ,
Environmental Protection Agency (EPA) ,
Export Administration Regulations (EAR) ,
FCC ,
Federal Contractors ,
Federal Employees ,
Federal Funding ,
Federal Trade Commission (FTC) ,
FIFRA ,
Filing Deadlines ,
Food and Drug Administration (FDA) ,
Furloughs ,
GAO ,
Government Agencies ,
Government Shutdown ,
International Trade ,
OMB ,
U.S. Commerce Department ,
USDA
When the FTC’s “Click to Cancel” Rule (otherwise known as the revised Negative Option Rule), was in litigation in July 2025, we predicted the FTC was likely to instead focus on enforcing the Restore Online Shoppers Confidence...more
9/29/2025
/ Auto-Renewal ,
Automatic Renewals ,
California ,
Cancellation Rights ,
Consumer Contracts ,
Consumer Protection Laws ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
ROSCA ,
State and Local Government ,
Subscription Services ,
Unfair or Deceptive Trade Practices
CFPB Publishes Semiannual Regulatory Agenda. On September 22, the CFPB published its Semiannual Regulatory Agenda as part of the Spring 2025 Unified Agenda of Federal Regulatory and Deregulatory Actions, which is coordinated...more
9/24/2025
/ Artificial Intelligence ,
Bots ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Online Safety for Children ,
Proposed Rules ,
Regulation V ,
Regulatory Agenda ,
Scams ,
State Attorneys General ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
Noncompete agreements are the focus of a new enforcement activity by the FTC this month while states continue to restrict their use. Below are key takeaways for all employers who use noncompete agreements and further...more
9/12/2025
/ Antitrust Provisions ,
Appeals ,
Employer Responsibilities ,
Employment Contract ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Government Agencies ,
New Legislation ,
Non-Compete Agreements ,
Proposed Rules ,
Regulatory Requirements ,
Restrictive Covenants ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws
E-commerce platforms offering consumer products should take note of the Federal Trade Commission’s (FTC) first action enforcing the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM...more
9/10/2025
/ Consumer Protection Laws ,
Counterfeit Goods Regulation ,
Disclosure Requirements ,
E-Commerce ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fraud ,
New Legislation ,
Online Marketplace ,
Penalties ,
Regulatory Requirements ,
Reporting Requirements ,
State Attorneys General ,
Third-Party
As the landscape of kids’ privacy regulation evolves rapidly at both the state and federal level, the Federal Trade Commission (FTC) has been clear that kids’ privacy is a priority. Indeed, Chairman Ferguson told Congress...more
9/2/2025
/ Artificial Intelligence ,
Biometric Information ,
Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
New Legislation ,
Online Safety for Children ,
Parental Consent ,
Personal Information ,
Privacy Laws ,
State Privacy Laws
FTC Chairman Sends Warning Letters to Technology Companies Regarding Data Security and Censorship. On August 21, FTC Chairman Andrew Ferguson sent warning letters to thirteen technology companies that provide cloud computing,...more
8/27/2025
/ Censorship ,
Cloud Computing ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Regulatory Requirements ,
Scams ,
State Attorneys General ,
Technology Sector ,
Unfair or Deceptive Trade Practices
For the latest installment of our series of practical insights on emerging Federal Trade Commission (FTC) consumer protection and data privacy priorities, we discuss coverage and requirements under the Fair Credit Reporting...more
8/21/2025
/ Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Consumer Reporting Agencies ,
Consumer Reports ,
Data Brokers ,
Data Privacy ,
Enforcement Actions ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Regulatory Requirements
Federal and State Regulatory Announcements-
CFPB Seeks Comment on New Thresholds for Larger Participants in the Automobile Financing, Consumer Reporting, International Money Transfer, and Debt Collection Markets. On August...more
8/13/2025
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automotive Industry ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Coronavirus/COVID-19 ,
Debt Collection ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Money Transfer ,
Paycheck Protection Program (PPP) ,
Robocalling ,
Scams ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
As part of our series to provide practical insights into emerging Federal Trade Commission (FTC) priority areas for consumer protection and data privacy enforcement, we are taking a deep dive into the Protecting Americans’...more
8/13/2025
/ Compliance ,
Corporate Counsel ,
Cross-Border Transactions ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
National Security ,
New Legislation ,
Personal Data ,
Protecting Americans Data from Foreign Adversaries Act (PADFA) ,
Regulatory Requirements ,
Risk Management ,
Sensitive Personal Information
Welcome to our new series on Federal Trade Commission (FTC) enforcement, where we will provide practical insights into emerging FTC priority areas for consumer protection and data privacy enforcement. Overall, the current FTC...more
8/5/2025
/ Advertising ,
Civil Investigation Demand ,
Consumer Protection Laws ,
COPPA ,
Data Privacy ,
Data Protection ,
Document Productions ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Privacy Laws ,
Regulatory Requirements ,
Telemarketing Sales Rule
FTC Obtains Temporary Restraining Order and Asset Freeze Against Seven Debt Relief Companies and Their Owners for Allegedly Deceptive Practices. On July 14, the FTC filed a complaint and motion for temporary restraining order...more
7/30/2025
/ Asset Freeze ,
Consumer Protection Laws ,
Debt Relief ,
Disclosure Requirements ,
Employee Training ,
Enforcement Actions ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Services Industry ,
Fraud ,
FTC Act ,
Reimbursements ,
State Attorneys General ,
Telemarketing ,
Unfair or Deceptive Trade Practices
FTC Sends Warning Letters Regarding Potential Noncompliance With “Made in USA” Requirements. On July 8, the FTC sent letters to a flagpole retailer, footwear maker, football equipment company, and personal care products...more
7/16/2025
/ Advertising ,
California ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Data Privacy ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Made in the USA ,
Manufacturers ,
Military Lending Act ,
Product Labels ,
Regulatory Requirements ,
Retailers ,
State Attorneys General ,
Telecommunications ,
Telemedicine ,
Unfair or Deceptive Trade Practices ,
Warning Letters
The U.S. Court of Appeals for the Eighth Circuit on July 2 issued a decision vacating the Federal Trade Commission’s (FTC) revised Negative Option Rule, which the previous Administration called the “Click to Cancel” Rule....more
7/16/2025
/ Advertising ,
Appeals ,
Automatic Renewals ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Negative Option Rule ,
Online Safety for Children ,
Penalties ,
Regulatory Requirements ,
Renewable Energy ,
ROSCA ,
Subscription Services
New York Legislature Passes FAIR Business Practices Act. On June 18, the New York state legislature passed the Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Business Practices Act),...more
7/2/2025
/ Advertising ,
Algorithms ,
Artificial Intelligence ,
California ,
Consumer Protection Laws ,
Cryptocurrency ,
Department of Financial Protection and Innovation (DFPI) ,
Enforcement Actions ,
FTC Act ,
New Legislation ,
New York ,
State Attorneys General ,
Telecommunications ,
Texas ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) recently hosted a workshop on kids’ online activity, titled “The Attention Economy: How Big Tech Firms Exploit Children and Hurt Families.” Speakers included two U.S. Senators, all three FTC...more
6/27/2025
/ COPPA ,
Cyberbullying ,
Enforcement Actions ,
Exploitation ,
Federal Trade Commission (FTC) ,
FTC Act ,
Mental Health ,
Minors ,
New Regulations ,
Online Platforms ,
Online Safety for Children ,
Privacy Laws ,
Proposed Legislation ,
Social Media ,
Technology
Wiley also has launched a Trump Administration Resource Center and Resource Guide to track Executive branch priorities during the second Administration of President Trump. With Wiley’s deep-rooted understanding of Washington...more
6/18/2025
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Debt Collection ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
New Legislation ,
Settlement ,
Social Media ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
On June 3, 2025, the Federal Trade Commission (FTC) announced its staff had sent warning letters to 37 contact lens prescribers that, according to the FTC, were the subject of consumer complaints concerning possible...more
Wiley also has launched a Trump Administration Resource Center and Resource Guide to track Executive branch priorities during the second Administration of President Trump. With Wiley’s deep-rooted understanding of Washington...more
FTC Chairman Andrew Ferguson testified before the House Appropriations Committee’s Financial Services and General Government Subcommittee on May 15 to discuss the agency’s consumer protection and competition efforts and...more
5/29/2025
/ Artificial Intelligence ,
Big Tech ,
Bots ,
Consumer Protection Laws ,
COPPA ,
Data Privacy ,
Data Security ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Privacy Laws ,
Unfair or Deceptive Trade Practices