On April 14, 2026, the Federal Trade Commission (“FTC” or “Commission”) announced an Advanced Notice of Proposed Rulemaking (“ANPRM”) seeking public comment on whether a new rule is needed to address fee practices by online food and grocery delivery platforms that may obscure total pricing or impede consumers’ ability to
Continue Reading FTC Seeks Comment by May 18 on Food Delivery Pricing and Fees
Laura Kim
Laura Kim has a proven track record of successfully resolving clients’ most important consumer protection matters before the FTC, State AGs, and the NAD. She is well-known for her insider knowledge of the FTC as well as her practical approach to accomplishing her clients’ objectives.
As chair of Covington’s Advertising & Consumer Protection Investigations practice group, Laura represents corporate and individual clients in investigations before the FTC and State Attorneys General. She also provides pragmatic compliance advice on a wide range of consumer protection issues, including substantiating claims involving generative artificial intelligence, environmental benefits, and “Made in USA.” She counsels brands on emerging issues involving influencers, consumer reviews, AI-generated content, and subscription autorenewals. Laura regularly represents both challengers and advertisers before the NAD, achieving favorable outcomes in matters involving artificial intelligence, influencers, and claim substantiation.
During her twelve-year tenure at the FTC, Laura served as Assistant Director in two divisions of the Bureau of Consumer Protection, Attorney Advisor to Chairman William E. Kovacic, and Chief of Staff to Bureau Director Jessica Rich. She oversaw major rulemakings—including the Green Guides and the Telemarketing Sales Rule—and supervised dozens of investigations and enforcement actions. As Assistant Director in the Division of Enforcement, Laura also supervised compliance monitoring and enforcement proceedings for companies under federal court or Commission order.
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 Restarts Negative Option Rulemaking Process
The Federal Trade Commission (FTC) is poised to re-start a rulemaking process regarding disclosures and requirements for subscription and auto-renewing products and services. On January 30, 2026, the FTC submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) on the Rule Concerning the Use of Prenotification Negative Option Plans (the Rule), commonly known as the Negative Option Rule, to the Office of Information and Regulatory Affairs (OIRA) for review.
Continue Reading FTC Restarts Negative Option Rulemaking ProcessFTC 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 Announces 10-Year Information Security Consent Orders with Illuminate Education and Illusory Systems
The Federal Trade Commission (FTC) recently announced that it agreed to proposed consent orders with two companies that experienced recent cybersecurity incidents, Illuminate Education (“Illuminate”) and Illusory Systems, which does business as Nomad (“Illusory”), to resolve allegations that both companies’ information security practices had violated Section 5 of the FTC…
Continue Reading FTC Announces 10-Year Information Security Consent Orders with Illuminate Education and Illusory SystemsGreystar’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 Live Nation and Ticketmaster for Deceptive Pricing Tactics
On September 17, 2025, the Federal Trade Commission (“FTC”) and seven states – Colorado, Florida, Illinois, Nebraska, Tennessee, Utah, and Virginia – sued Live Nation and Ticketmaster for violations of Section 5 of the FTC Act and the Better Online Ticket Sales Act (“BOTS Act”). Additionally, each state Attorney General alleges violation of various state consumer protection laws, including the Colorado Consumer Protection Act, Florida Deceptive and Unfair Trade Practices Act, Illinois Consumer Fraud and Deceptive Business Practices Act, Illinois Uniform Deceptive Trade Practices Act, Nebraska Uniform Deceptive Trade Practices Act, Tennessee Consumer Protection Act, and Utah Consumer Sales Practices Act.
Continue Reading FTC Sues Live Nation and Ticketmaster for Deceptive Pricing TacticsFTC 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