The Federal Trade Commission (FTC) announced an Advance Notice of Public Rulemaking (ANPRM) formally restarting the rulemaking process to amend its Negative Option Rule addressing subscription offers, automatic renewals, and...more
3/24/2026
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Antitrust Provisions ,
Automatic Renewals ,
Comment Period ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Negative Option Rule ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Subscription Services
During the first Trump administration, the Federal Trade Commission hosted a workshop on informational injuries, and on February 26, 2026, the agency revisited the issue in a workshop on “Consumer Injuries and Benefits in the...more
The Federal Trade Commission (FTC) has signaled its interest in making another attempt to update its rule imposing disclosure and other requirements on subscriptions and auto-renewals.
...more
2/26/2026
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Auto-Renewal ,
Comment Period ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Proposed Rules ,
Regulatory Oversight ,
Rulemaking Process ,
Section 5 ,
Subscription Services ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission recently convened stakeholders, including researchers, academics, industry representatives, consumer advocates, and government regulators, for a public workshop to discuss age verification, a...more
2/23/2026
/ App Store ,
Biometric Information ,
COPPA ,
Data Collection ,
Data Privacy ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Information Technology ,
Internet ,
New Regulations ,
Online Safety for Children ,
Regulatory Oversight ,
Websites
This past year saw significant change at the Federal Trade Commission, as Andrew Ferguson was appointed chairman by President Donald Trump, replacing Lina Khan, who served as chair during the Biden administration. ...more
1/26/2026
/ Artificial Intelligence ,
COPPA ,
Data Privacy ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Minors ,
Online Safety for Children ,
Section 5 ,
Unfair or Deceptive Trade Practices
While 2025 saw no new state comprehensive privacy laws enacted, state enforcement activity accelerated—individually and collaboratively—reflecting trends likely to intensify in 2026.
Key enforcement focus areas included...more
1/26/2026
/ California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Data Brokers ,
Enforcement Actions ,
National Security ,
Online Safety for Children ,
Opt-Outs ,
Sensitive Personal Information ,
State Attorneys General ,
State Data Privacy Laws ,
State Privacy Laws
New York has enacted the Algorithmic Pricing Disclosure Act (NY General Business Law § 349-A), a first-of-its-kind statute requiring businesses to disclose when they use algorithms to set personalized prices for consumers...more
12/18/2025
/ Algorithms ,
Automated Decision Systems (ADS) ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Disclosure Requirements ,
Enforcement Actions ,
New Legislation ,
New York ,
Personal Data ,
Regulatory Requirements ,
State Attorneys General ,
State Privacy Laws
On November 24, 2025, trade association NetChoice secured a win in its constitutional challenge to Maryland's Age-Appropriate Design Code Act (Kids Code or Act) when the U.S. District Court for the District of Maryland denied...more
12/16/2025
/ Constitutional Challenges ,
COPPA ,
Data Protection Impact Assessments (DPIAs) ,
First Amendment ,
Fourteenth Amendment ,
Minors ,
Motion to Dismiss ,
Online Safety for Children ,
Preemption ,
Section 230 ,
State Data Privacy Laws ,
State Privacy Laws
The Federal Trade Commission and Utah Attorney General recently announced a settlement with Aylo Group Ltd. and its co-defendants that places extensive obligations on the defendants to prevent the upload of and remove child...more
11/25/2025
/ Child Pornography ,
Consent Order ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Online Platforms ,
Online Safety for Children ,
Policies and Procedures ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Assessment ,
State Attorneys General ,
Telecommunications ,
Transparency ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) recently announced its first privacy enforcement actions of the second Trump administration with a flurry of activity in September....more
10/10/2025
/ Artificial Intelligence ,
COPPA ,
Data Privacy ,
Disney ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Minors ,
Mobile Apps ,
Online Platforms ,
Online Safety for Children ,
Parental Consent ,
Penalties ,
ROSCA ,
Targeted Digital Advertising ,
Unfair or Deceptive Trade Practices ,
YouTube
150 consumer complaints per week. A consortium of privacy regulators. “Hundreds of open investigations.”
These were some of the highlights from the California Consumer Privacy Protection Agency (CPPA) Board meeting on...more
On August 25, 2025, the Federal Trade Commission filed a complaint against Air AI, alleging the company and its owners made overblown claims about the availability and capabilities of its artificial intelligence (AI) tools to...more
With 2025 more than half over and many state legislatures adjourned for the year, we look back at significant legislative developments concerning state comprehensive consumer privacy laws....more
After years of drafting, discussions, and debates, the California Privacy Protection Agency (CPPA) Board reached a significant milestone in its efforts to bring to fruition regulations that have been in discussion by the CPPA...more
The comprehensive consumer privacy laws of Minnesota and Tennessee have recently taken effect, with the Minnesota Consumer Data Privacy Act (MCDPA) operative as of July 31, 2025, and the Tennessee Information Protection Act...more
8/5/2025
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Retention ,
Data Security ,
Minors ,
New Legislation ,
Privacy Laws ,
Safe Harbors ,
State and Local Government ,
State Attorneys General ,
State Privacy Laws ,
Tennessee
As the 2025 summer heat continues and as state privacy laws continue to mature, enforcement actions are beginning to shape the compliance landscape for businesses nationwide—from the coast of California to the shores of...more
Roughly six months since Andrew Ferguson became Chairman of the Federal Trade Commission, an FTC workshop on children’s privacy and online safety has provided a glimpse into the agency’s approach to these issues....more
Key Takeaways -
- The Eighth Circuit vacated the FTC’s Negative Option Rule due to the agency’s failure to issue a required preliminary regulatory analysis during the rulemaking process. The ruling comes just days before the...more
On June 10, 2025, Judges Loken, Erickson, and Kobes of the U.S. Court of Appeals for the Eighth Circuit heard oral argument on consolidated challenges filed by a security services company and a number of trade associations...more
On June 2, 2025, the New Jersey Office of Consumer Protection announced proposed rules for New Jersey’s comprehensive consumer privacy law, the New Jersey Data Privacy Act (NJDPA), which went into effect on January 16, 2025....more
Key Takeaways -
- The Federal Trade Commission’s Rule on Unfair or Deceptive Fees is now in effect.
- The rule applies to businesses that offer or advertise live-event tickets or short-term lodging.
- If including the...more
Also referred to as the “junk fee” rule against “bait-and-switch” or “drip” pricing, the rule was adopted with bipartisan support in the waning days of the Biden presidency. Further, the Republican-led FTC under the Trump...more
Key Takeaways -
- Beginning May 14, businesses offering "negative option features" can incur significant financial penalties for each violation of the FTC’s “click-to-cancel” rule.
- The rule imposes obligations related to...more
On April 22, 2025, the Federal Trade Commission published in the Federal Register the amendments to the Children’s Online Privacy Protection Act (COPPA) rule it announced on January 16, 2025. ...more
Perkins Coie partner Janis Kestenbaum says the FTC is keeping the pressure on strong consumer protection enforcement despite the Trump administration’s deregulatory agenda.
In balancing enforcement with fewer anticipated...more
5/5/2025
/ Artificial Intelligence ,
Consumer Protection Laws ,
Data Privacy ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
Online Safety for Children ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Technology ,
Trump Administration