News & Analysis as of

Section 5

Hinch Newman LLP

Restrictions Imposed on Use of FTC “Means and Instrumentalities” Liability

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The Federal Trade Commission utilizes a number of remedial theories when attempting to hold a bad actor liable for the actions of a third party. One such theory is known as “means and instrumentalities” liability, where a...more

Venable LLP

The FTC Walks Back Its Rytr Enforcement Action, Signaling a Shift in Federal AI Regulation

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In a rare course correction, the Federal Trade Commission (FTC) has reopened and vacated its 2024 consent order against Rytr LLC, a generative AI-powered company. The unusual move reflects a significant strategic reset of how...more

Venable LLP

FTC Begins Rulemaking on Unfair Rental Housing Fees After Issuing Warning Letters

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This week, the Federal Trade Commission (FTC) Bureau of Consumer Protection issued 13 warning letters to rental housing management software providers focused on the display of the total advertised price of their properties. ...more

Hudson Cook, LLP

FTC Sends Warning Letters to Thirteen Property Management Software Providers

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The FTC is keeping its focus on the rental housing market. Just a week after the FTC and the State of Colorado settled their lawsuit against an institutional apartment operator over fee disclosures, the FTC sent letters to...more

Ervin Cohen & Jessup LLP

A Roadmap for Companies Developing, Deploying or Implementing Generative AI

Generative artificial intelligence is moving from experimental pilot projects into enterprise-wide deployment at an unprecedented pace. Yet as companies accelerate adoption, regulatory bodies in the United States and abroad...more

Venable LLP

FTC’s Melissa Holyoak Outlines Consumer Protection Focus at ANA Advertising Law Conference

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In her remarks at this year’s ANA Masters of Advertising Law Conference, Commissioner Melissa Holyoak of the Federal Trade Commission (FTC) emphasized three areas where the agency is focusing its consumer protection...more

Jackson Walker

The Non-Compete Conundrum: The Ban, The Backlash, And What’s Next

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In April of last year, the Federal Trade Commission (FTC) voted to implement its final rule prohibiting non-compete agreements in the workplace. The rule, as a practical matter, eliminated the patchwork of non-compete...more

Goodwin

FTC Settles with Amazon Over Enrollment and Cancellation Processes for Prime Memberships

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On September 25, 2025, the Federal Trade Commission announced it had reached a settlement with Amazon.com, Inc. and two company executives, resolving allegations that the company’s enrollment and cancellation processes for...more

Fisher Phillips

FTC Warns Healthcare Employers and Staffing Firms Over Noncompetes: 5 Takeaways + 5 Action Steps

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Healthcare employers and the staffing firms who serve them should take note: federal authorities recently announced they will specifically target the use of noncompetes and other restrictive covenants in the healthcare space....more

Nelson Mullins Riley & Scarborough LLP

Click-to-Cancel is (Mostly*) Dead, But Amazon Settlement Proves Enforcement Lives On

The Federal Trade Commission yesterday announced a bombshell $2.5 billion settlement in its lawsuit with Amazon regarding what the FTC alleged were unfair practices relating to Amazon’s Prime subscription product; this...more

Miller Canfield

The Price of Admission: FTC Alleges Ticketmaster Rigged the Show

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In a sweeping 84-page complaint, the Federal Trade Commission (FTC)—joined by seven state attorneys general—has filed suit against Live Nation Entertainment and Ticketmaster, alleging a years-long scheme of deceptive...more

Venable LLP

FTC Bureau of Consumer Protection Director on Privacy Rules and AI Regulation

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Chris Mufarrige, the director of the FTC’s Bureau of Consumer Protection, spoke last week at the National Advertising Division’s Annual Conference in Washington, providing further insight into how the FTC is thinking about...more

Cadwalader, Wickersham & Taft LLP

Autumn Transitions, September 2025 - Understanding How the FTC Can Enforce Against Financial Institutions

Laboring in the shadow of the Consumer Financial Protection Bureau (“CFPB”) since 2011, the Federal Trade Commission (“FTC”) has been an important component of Federal law enforcement efforts to ensure that the nation’s...more

Husch Blackwell LLP

FTC Abandons 2024 Non-Compete Rule, Signals Priority in Non-Compete Enforcement Actions

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On September 5, 2025, the Federal Trade Commission (FTC) took steps to formally end its efforts to implement a nationwide ban on non-compete agreements, agreeing to vacate the Non-Compete Clause Rule and dismiss all pending...more

Hogan Lovells

FTC sets new course for enforcement of noncompete agreements

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On September 5, the FTC ended the nearly 18-month legal purgatory for the agency’s Non-Compete Clause Rule, voting to withdraw its appeal of a Texas District Court’s decision setting aside the Rule, and accede to the Rule’s...more

Perkins Coie

FTC Files New “AI Washing” Case

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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

Foster Garvey PC

FTC Escalates Enforcement Against Cancellation Policies Utilized with Subscription Product Orders

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The Federal Trade Commission (“FTC”) has increased its campaign against businesses that impose unreasonable barriers to consumer cancellation of memberships and subscriptions. Recent actions demonstrate the agency’s intent to...more

UB Greensfelder LLP

FTC Moves to Protect Workers from Anticompetitive Agreements by Issuing Action Against Gateway Services

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The Federal Trade Commission’s (FTC’s) non-compete rule may be effectively dead, but the agency’s focus on non-compete agreements is very much alive. In February, FTC Chairman Andrew Ferguson launched a Joint Labor Task Force...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Chair Warns Tech Firms: Weakening Encryption or Censoring Americans for Foreign Governments May Violate US Law

The FTC’s letters highlight the commission’s concern that tech companies may adopt content moderation or data security policies that, while designed to meet foreign legal requirements, could impermissibly infringe upon U.S....more

DLA Piper

Click-to-Cancel Lives on Under ROSCA and Section 5

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The Federal Trade Commission (FTC) has filed a complaint in the Central District of California against Fitness International, LLC and Fitness & Sports Clubs, LLC (together, LA Fitness), alleging unfair and deceptive practices...more

Latham & Watkins LLP

What Lies Ahead for Advanced Plastics Recycling Industry After EPA Withdrawal of Proposed TSCA SNURs?

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On July 9, 2025, the US Environmental Protection Agency (EPA) withdrew significant new use rules (SNURs) proposed under Section 5 of the Toxic Substances Control Act (TSCA) for 18 chemicals derived from waste plastic...more

Alston & Bird

FTC Enforcement of Cancellation Practices Continues After Click-to-Cancel Rule Defeated

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Our Consumer Protection/FTC Team examines how the FTC continues to actively pursue companies with allegedly complicated cancellation practices by relying on existing legal authority despite setbacks to the Click-to-Cancel...more

Venable LLP

FTC Settles with NextMed Over Deceptive Pricing, Hidden Material Terms, and Fake Reviews and Testimonials in Telehealth Membership...

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This week, the Federal Trade Commission (FTC) announced a settlement with NextMed parent company Southern Health Solutions, Inc., in response to allegations that the telemedicine platform offered deceptive claims and fake...more

UB Greensfelder LLP

FTC’s Proposed “Click-to-Cancel” Rule Struck Down by Eighth Circuit

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On July 8, 2025, less than a week before the “click-to-cancel” rule would have gone into effect, the United States Court of Appeals for the Eighth Circuit struck down the proposed rule (Custom Communications, Inc. v. Federal...more

Winstead PC

8th Circuit Vacates FTC’s “Click to Cancel Rule”

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On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (“FTC”) Click to Cancel Rule (the “Rule”), which was previously scheduled to take effect on May 14, 2025, and later...more

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