On December 22, the Federal Trade Commission (“FTC”) issued an order setting aside its 2024 final consent order against Rytr, LLC (“Rytr”) on the grounds that the facts alleged in the Rytr complaint did not violate Section 5. The Commission further found that the Rytr order did not provide any
Continue Reading FTC Sets Aside Rytr Final Order Pursuant to White House AI Action Plan
FTC Issues Warning Letters for Violations of Consumer Reviews Rule
The Federal Trade Commission (FTC) sent letters to 10 companies—whose identities were not publicly disclosed—on December 22, 2025, warning them about potential violations of the Consumer Reviews Rule. The Rule, which took effect in October 2024, targets deceptive online review and testimonial practices. These warning letters mark the FTC’s first
Continue Reading FTC Issues Warning Letters for Violations of Consumer Reviews RuleGreystar’s $24 Million Settlement Signals FTC Crackdown on Hidden Rental Fee
On December 2, Greystar agreed to a $24 million settlement over allegations it misled renters by omitting mandatory fees from advertised monthly rents. This settlement underscores the FTC’s continuing scrutiny of “junk fees” and signals that the FTC may pursue rulemaking requiring greater transparency in rental fee advertising. Continue Reading Greystar’s $24 Million Settlement Signals FTC Crackdown on Hidden Rental Fee
Recent Class Actions Under State Anti-Spam Laws Target Retail Email Marketing Practices and Raise Questions about CAN-SPAM Act Preemption
A Washington State Supreme Court decision last spring that construed that state’s Commercial Electronic Mail Act (“CEMA”) to broadly prohibit any misleading information in retailers’ email subject lines has opened the floodgates to similar state spam claims. In the past six months, there have been eight putative class action complaints
Continue Reading Recent Class Actions Under State Anti-Spam Laws Target Retail Email Marketing Practices and Raise Questions about CAN-SPAM Act PreemptionFTC Sues LA Fitness Operators for Unfair Gym Cancellation Policies
On August 20, 2025, the Federal Trade Commission (“FTC”) sued Fitness International, LLC and Fitness & Sports Club LLC – the parent companies of LA Fitness and other gym chains – for violations of Section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act (“ROSCA”) in connection with alleged practices that make it difficult for their customers to cancel their gym memberships and other add-on services. The FTC seeks a court order prohibiting the allegedly unfair and unlawful conduct and restitution to consumers harmed by the difficulty in cancelling memberships.Continue Reading FTC Sues LA Fitness Operators for Unfair Gym Cancellation Policies
FTC Secures $14 Million Settlement with Match Group Over Deceptive Subscription Practices
In August, the Federal Trade Commission (“FTC”) announced a $14 million settlement with Match Group, Inc. and Match Group, LLC (collectively, “Match”), the parent companies of online dating platforms Match.com, OkCupid, PlentyOfFish, and other dating sites. In addition to monetary relief, the settlement includes significant injunctive provisions aimed at addressing alleged deceptive marketing and unfair billing practices. This resolution marks a significant development in the FTC’s ongoing efforts to monitor and regulate subscription-based services in the digital space.Continue Reading FTC Secures $14 Million Settlement with Match Group Over Deceptive Subscription Practices
FTC Takes Aim at Online Lead Generator
On August 7, 2025, the Federal Trade Commission (“FTC”) announced a $45 million settlement with online lead generator MediaAlpha, Inc. and its subsidiary QuoteLab, LLC (collectively, “MediaAlpha”), resolving allegations that the companies misled consumers seeking health insurance products. According to the FTC, MediaAlpha tricked consumers into sharing sensitive personal information under the guise of offering health insurance options through their lead generation sites. MediaAlpha allegedly then used that data for abusive telemarketing, including calling numbers on the National Do Not Call Registry. The FTC also alleged that MediaAlpha auctioned off consumers’ information to third-party lead generators and telemarketers, who similarly used that data to make illegal telemarketing calls.Continue Reading FTC Takes Aim at Online Lead Generator
FTC Declares July as “Made in the USA” Month
With the Trump administration’s renewed focus on American manufacturing, FTC Chairman Andrew N. Ferguson’s recent declaration that July 2025 is “Made in the USA” Month appears to signal a renewed emphasis on Made in USA enforcement. The FTC has a long history of scrutinizing these claims and the more recently-issued Made in USA Rule sets strict compliance standards with the threat of significant monetary penalties for non-compliance. And while Chairman Ferguson’s statement nods to the importance of preventing deception in this area, it emphasizes that advertisers should be making Made in USA claims whenever they are appropriate.Continue Reading FTC Declares July as “Made in the USA” Month
Eighth Circuit Vacates FTC Negative Option Rule
On July 8, 2025, the Eighth Circuit issued a per curiam decision that vacated the FTC’s revised Negative Option Rule in its entirety. The opinion will become effective when the court issues its mandate, which should happen within seven weeks unless the FTC seeks further review.Continue Reading Eighth Circuit Vacates FTC Negative Option Rule
FTC Issues Final “Click-to-Cancel” Rule
On October 16, the Federal Trade Commission (“FTC”) announced a final “click-to-cancel” rule that amends the previous Negative Option Rule to “make it as easy for consumers to cancel their enrollment as it was to sign up.” The Rule also imposes extensive requirements regarding misrepresentations, disclosures, and consent, among others. Most of the provisions will go into effect 180 days after publication in the Federal Register. As of today, the final rule has not yet been published. This final rule is the culmination of a five-year proceeding including the FTC’s issuance of a notice of proposed rulemaking (“NPRM”) in March 2023 and an advanced notice of proposed rulemaking in October 2019. We previously analyzed the proposed rule presented in the NPRM.Continue Reading FTC Issues Final “Click-to-Cancel” Rule