The Washington Supreme Court’s decision in Brown v. Old Navy LLC, 4 Wash.3d 580 (2025) has sparked a wave of putative class actions under Washington’s Commercial Electronic Mail Act (“CEMA”), targeting allegedly misleading email subject lines used by national retailers. In the months since, defendants have increasingly turned to constitutional and federal preemption defenses in an effort to stem this growing tide of litigation. To date, however, those arguments have gained little traction. Several district court decisions have denied defendants’ motions to dismiss on these grounds.
Continue Reading District Courts Appear Skeptical of CAN‑SPAM Preemption and Constitutional Challenges to CEMA
FTC Seeks Public Comment on Proposed Rulemaking for Unfair or Deceptive Rental Housing Fee Practices
On March 12, 2026, the Federal Trade Commission (“FTC”) announced an Advanced Notice of Proposed Rulemaking (“ANPRM”) seeking public comment on a proposed rulemaking focusing on potential unfair or deceptive acts or practices in the rental housing market. This ANPRM contemplates requiring landlords and property managers to provide full, upfront
Continue Reading FTC Seeks Public Comment on Proposed Rulemaking for Unfair or Deceptive Rental Housing Fee PracticesFTC Negative Option Rule ANPRM
On March 11, 2026, the Federal Trade Commission (“FTC” or “the Commission”) announced an Advanced Notice of Proposed Rulemaking (“ANPRM”) regarding its Rule Concerning the Use of Prenotification Negative Option Plans, commonly known as the Negative Option Rule (“the Rule”). This ANPRM signals the beginning of a rulemaking process that will expand the scope of the rule and drive a major priority for the Trump-Vance FTC.
The ANPRM was published in the Federal Register on March 13, 2026. Comments from the public are due on April 13, 2026. After reviewing the record developed through the ANPRM, the Commission may decide whether to proceed to a notice of proposed rulemaking, propose specific amendments, or take no further action.
Continue Reading FTC Negative Option Rule ANPRMFTC Sets Aside Rytr Final Order Pursuant to White House AI Action Plan
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 PlanFTC 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 FeeRecent 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 PoliciesFTC 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 PracticesFTC 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