On March 20, 2026, the US Court of Appeals for the Fifth Circuit delivered a major decision in Intuit, Inc. v. FTC, holding that the Federal Trade Commission’s internal administrative adjudication of deceptive advertising...more
3/30/2026
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appellate Courts ,
Article III ,
Cease and Desist Orders ,
Constitutional Challenges ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
SEC v Jarkesy ,
Section 5 ,
Separation of Powers ,
Unfair or Deceptive Trade Practices
On March 12, 2026, a three-judge panel of the US Court of Appeals for the Ninth Circuit issued its second opinion in NetChoice v. Bonta, narrowing the preliminary injunction against California’s Age-Appropriate Design Code...more
3/24/2026
/ Appeals ,
Appellate Courts ,
California ,
Constitutional Challenges ,
COPPA ,
Data Privacy ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
First Amendment ,
Minors ,
New Legislation ,
Online Safety for Children ,
Preliminary Injunctions ,
State Privacy Laws ,
Vagueness
On March 11, 2026, the Federal Trade Commission (FTC) issued a request for public comment on an advance notice of proposed rulemaking (ANPRM) regarding its “Rule Concerning the Use of Prenotification Negative Option Plans,”...more
3/23/2026
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Comment Period ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misrepresentation ,
Negative Option Rule ,
Proposed Rules ,
Recordkeeping Requirements ,
ROSCA ,
Rulemaking Process ,
Section 5 ,
Unfair or Deceptive Trade Practices
On February 25, 2026, the Federal Trade Commission (FTC) issued a policy statement announcing it will exercise discretion with respect to enforcement of the Children’s Online Privacy Protection Act (COPPA) to enable broader...more
3/3/2026
/ Biometric Information ,
Compliance Monitoring ,
Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
New Guidance ,
Online Safety for Children ,
Parental Consent ,
Personal Data ,
Personal Information ,
Regulatory Reform
On January 28, the Federal Trade Commission (FTC) hosted a workshop on age assurance, where FTC leadership signaled new guidance may be forthcoming to clarify potential conflicts between age assurance efforts and federal law....more
2/5/2026
/ Artificial Intelligence ,
Authentication ,
Biometric Information ,
COPPA ,
Data Protection ,
Digital Wallets ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Minors ,
New Guidance ,
Online Platforms ,
Online Safety for Children ,
Parental Consent ,
Privacy-By-Design ,
Regulatory Requirements ,
Risk Management ,
Risk-Based Approaches ,
State Privacy Laws
On December 11, 2025, New York Gov. Kathy Hochul signed S.8420-A/A.8887-B, a first-in-the-nation “synthetic performer” state law requiring advertisers to make a conspicuous disclosure in advertisements that include certain...more
1/30/2026
/ Advertising ,
Artificial Intelligence ,
Compliance Monitoring ,
Digital Assets ,
Disclosure Requirements ,
Emerging Technologies ,
Enforcement ,
Innovative Technology ,
New Legislation ,
New York ,
Penalties ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures
In a landmark development for lawsuits brought under the Telephone Consumer Protection Act (TCPA), on June 20, 2025, the US Supreme Court issued its widely anticipated decision in McLaughlin Chiropractic Associates, Inc. v....more
Suppose an administrative agency issues a rule governing private conduct. And suppose no one uses an available judicial review process to challenge that rule before it takes effect. If that rule is then invoked against a...more
California’s recent amendments to its Automatic Renewal Law (ARL), imposing new compliance obligations on businesses offering subscription-based services to California consumers, become effective on July 1, 2025. These...more
On May 9, the Federal Trade Commission (FTC) voted unanimously to delay enforcement of most portions of its amended Negative Option Rule (rule) by 60 days, shifting the compliance deadline for these portions from May 14 to...more
On December 17, 2024, the Federal Trade Commission (FTC) issued a final rule requiring live-event ticketing and short-term lodging marketers to disclose mandatory fees as part of the total advertised price for these services....more
The Federal Trade Commission (FTC) has released its long-anticipated Negative Option Rule. The rule defines a negative option feature as “a provision of a contract under which the consumer’s silence or failure to take...more
In June 2024, the US Federal Trade Commission (FTC) and the Department of Justice jointly filed a complaint under the Restore Online Shoppers’ Confidence Act (ROSCA) in the US District Court for the Northern District of...more
In a unanimous, bipartisan decision, the Federal Communications Commission (FCC) has issued a declaratory ruling to confirm that artificial intelligence-generated voices are “artificial” under the Telephone Consumer...more
Marketers that solicit sales or advertise products or services using “robocalls” or “robotexts” (i.e., calls or texts that are initiated using an “automatic telephone dialing system” or voice calls made using an artificial or...more
On February 27, 2023, the US Federal Trade Commission (FTC) published new Business Blog guidance from Division of Advertising Practices staff about marketing claims for artificial intelligence products. While prior FTC AI...more
In December 2022, the Federal Trade Commission released its Health Product Compliance Guidance, updating and replacing its 1998 industry advertising guidelines on dietary supplements. Unlike the 1998 guidelines, the new guide...more
On November 3, 2022, the Federal Trade Commission (FTC) announced a $100 million settlement with Vonage, a provider of Voice over Internet Protocol (VoIP) services to residences and small businesses. The FTC alleges that...more
Key Takeaways -
On August 11, 2022, the Federal Trade Commission announced an advance notice of proposed rulemaking (ANPR) to initiate a process that would allow it to develop and enforce rules on what the FTC has termed...more
On Thursday, May 19, 2022, the five Federal Trade Commission (FTC) Commissioners unanimously approved a Policy Statement on the Children’s Online Privacy Protection Act (COPPA). President Joe Biden issued a statement of...more
On May 16, 2022, eight months after President Joe Biden announced his intention to nominate Alvaro Bedoya to serve as a commissioner of the Federal Trade Commission, Bedoya was sworn in. The FTC includes five commissioners –...more
Nearly a year after the Supreme Court stripped the FTC of its ability to obtain equitable monetary relief under Section 13(b) of the Federal Trade Commission Act (FTCA) in AMG Capital Management LLC v. FTC, the Commission...more
On March 22, 2022, the Consumer Financial Protection Bureau announced that it has issued guidance designed to dissuade financial institutions from curbing consumers’ rights to post online reviews. Specifically, the CFPB put...more
On October 4, 2021, California Gov. Gavin Newsom signed into law Assembly Bill 390, which adds new renewal reminder notice requirements and cancellation requirements to California’s already-demanding Automatic Renewal Law...more
The FTC announced that it had issued Notices of Penalty Offense to for-profit colleges and was cracking down on unfair and deceptive conduct in the education marketplace.
During a closed press conference last week, the...more