On April 28, 2026, Maryland Governor Moore signed HB 895 (the Protection From Predatory Pricing Act) into law, which will impose limitations on the use of personalized pricing in the food retail and grocery delivery context. The law will go into effect on October 1, 2026. As we have detailed in prior blog posts, there has been a wave of personalized pricing proposals at the state level, and the FTC is focusing attention on pricing in the grocery sector.
Continue Reading Maryland Enacts Law on Personalized Food Pricing
FTC Sweep on “Made in the USA” Claims
On April 14, 2026, the FTC announced three settlements and issued closing letters to two additional companies concerning “Made in America,” “Made in the USA,” and similar U.S.‑origin claims (collectively, “MUSA claims”). These actions reflect the FTC’s continued focus on MUSA claims and, more broadly, the Trump administration’s focus on
Continue Reading FTC Sweep on “Made in the USA” ClaimsFTC Seeks Comment by May 18 on Food Delivery Pricing and Fees
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 FeesFTC 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 Preemption