Consumer Protection

On June 29, 2026, in a 6-3 decision, the U.S. Supreme Court held that (1) the Federal Trade Commission’s (FTC) statutory “for‑cause” removal protection for Commissioners violates the Constitution’s separation of powers and (2) President Trump lawfully removed Rebecca Slaughter from the FTC. The Court concluded that because FTC Commissioners exercise executive power, they must be removable by the President at will rather than only for “inefficiency, neglect of duty, or malfeasance in office.”

Continue Reading Supreme Court Holds FTC Removal Protections Unconstitutional

A federal court recently addressed whether plaintiffs alleging misleading commercial email practices in violation of Washington’s Commercial Electronic Mail Act (“CEMA”) have Article III standing to pursue claims. The ruling suggests that alleged violations of CEMA, standing alone, could constitute a concrete injury for Article III standing, where the asserted harm aligns with the statute’s purpose.

Continue Reading Washington Anti-Spam Law Decision Addresses Article III Standing in CEMA Cases

On May 27, the Connecticut governor signed SB 4, an omnibus privacy law, followed a week later by two clean-up bills, HB 5222 and HB 5563 (collectively “SB 4”). SB 4, among other things, amends the Connecticut Data Privacy Act (“CTDPA”), establishes a data broker registry and accessible deletion mechanism, imposes restrictions on surveillance pricing, and creates requirements for direct-to-consumer genetic testing companies.

Continue Reading Connecticut Enacts Omnibus Privacy Law

On May 11, 2026, the Department of Justice, acting on notification from the Federal Trade Commission, and the Illinois Attorney General, filed a complaint against “Premium Home Service” and its owner for alleged violations of Section 5 of the FTC Act, the Consumer Reviews Rule, and the Gramm-Leach-Bliley Act (GLB Act).  The Complaint seeks injunctive relief, monetary relief, and civil penalties.  

Continue Reading FTC and DOJ Continue Focus on Consumer Reviews Rule with Complaint Against Premium Home Service

On April 27, 2026, District of Columbia Attorney General Brian L. Schwalb filed a complaint against Mid‑America Apartment Communities, Inc., and its subsidiaries (collectively, “MAA”) alleging that the landlord charged illegal fees and misled prospective tenants about the true cost of rent. This action is the latest example of state…

Continue Reading DC AG Sues Multifamily Landlord Over Alleged Deceptive Rental Fee Advertising

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 Process

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

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 Tactics

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

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