News & Analysis as of

Section 5 Federal Trade Commission (FTC)

Hinshaw & Culbertson - Consumer Crossroads

Ask and You Shall Receive a Recurring Subscription: FTC Sues a Web Q&A Service for Deceptive Negative Option

Two weeks into the new year, the Federal Trade Commission (“FTC”) sued JustAnswer LLC and its CEO (together, “JustAnswer”), alleging they deceived consumers into enrolling in monthly recurring subscriptions without obtaining...more

Hinch Newman LLP

How Does the FTC Calculate Monetary Civil Penalties for Rule Violations?

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The Federal Trade Commission generally seeks monetary civil penalties when it is alleging violations of rules that the agency enforces, such as the Made in USA Labeling Rule, the Restore Online Shoppers’ Confidence Act and...more

Wilson Sonsini Goodrich & Rosati

“Landmark” Settlement in PBM Case Poised to Broadly Reshape Prescription Drug Market

On February 4, 2026, the Federal Trade Commission (FTC) announced a settlement and consent order in a long-running administrative action against pharmacy benefit managers (PBMs) Express Scripts, OptumRx, and Caremark Rx. The...more

WilmerHale

Year in Review: 2025 Artificial Intelligence-Privacy Litigation Trends

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As AI systems became more deeply embedded in consumer‑facing products and services throughout 2025, regulators and private plaintiffs continued to test how existing privacy and consumer‑protection laws apply to the...more

Parker Poe Adams & Bernstein LLP

FTC Signals Aggressive Case-by-Case Enforcement Action on Overbroad Noncompete Agreements

On January 27, 2026, the Federal Trade Commission (FTC) held a workshop entitled “Moving Forward: Protecting Workers from Anticompetitive Noncompete Agreements.” The workshop was part of the FTC’s broader efforts to highlight...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Affirms FTC Injunction Requiring Express Informed Consent for Fees

On January 6, the U.S. Court of Appeals for the Eleventh Circuit largely affirmed an FTC enforcement action under Section 5 of the FTC Act, upholding summary judgment and a permanent injunction against a corporate payments...more

Perkins Coie

Privacy Law Recap 2025—FTC Enforcement

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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

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit rules in favor of FTC against ‘deceptive’ company

On January 6, the U.S. Court of Appeals for the 11th Circuit opined that a corporate payments company and its CEO must obey an FTC enforcement order. The appellate court affirmed the lower court’s grant of summary judgment...more

BakerHostetler

All Hat, No Cowboy: What’s Next for the FTC After Corpay’s Fuel Card Rodeo Gets Enjoined?

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On Jan. 7, the Eleventh Circuit rode tall in the saddle, unanimously affirming, almost in full, a district court’s decision on summary judgment against Corpay (a corporate payments company formerly known as FleetCor) and...more

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

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

Goodwin on

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

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