Federal Trade Commission

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

On May 19, 2026, the notice and removal requirements set forth in Section 3 of the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (“TAKE IT DOWN Act” or “TIDA”) entered into effect.  Under this section, covered platforms must establish a process for individuals to notify the platform of certain intimate visual depictions that were shared without their consent and to request their removal.  Covered platforms that receive valid requests must remove the visual depictions and identical copies within 48 hours.  The FTC, which enforces the TIDA, intends to do so “vigorously.”  The FTC has launched a website where individuals can submit complaints about platforms that fail to comply with these requirements and has sent warning letters advising companies of their obligations under the law.

Continue Reading The TAKE IT DOWN Act’s Notice and Removal Requirements Enter Into Effect

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

In July, the Federal Trade Commission (“FTC”) announced that telemedicine company NextMed agreed to pay $150,000 to settle charges that it deceptively advertised its GLP-1 weight-loss membership programs to consumers. The FTC’s complaint alleged a host of deceptive practices under Sections 5 and 12 of the FTC Act, including making unsubstantiated weight-loss claims, disseminating fake testimonials and consumer reviews, failing to adequately disclose the terms of its memberships, and purposefully making it difficult for consumers to cancel their memberships.

Continue Reading FTC Targets Weight-Loss Membership Program

On July 23, the White House released its AI Action Plan, outlining the key priorities of the Trump Administration’s AI policy agenda.  In parallel, President Trump signed three AI executive orders directing the Executive Branch to implement the AI Action Plan’s policies on “Preventing Woke AI in…

Continue Reading Trump Administration Issues AI Action Plan and Series of AI Executive Orders

In late November, the Federal Trade Commission (“FTC”) released a staff perspective paper (“the Paper”) detailing the results of an FTC study that surveyed 184 “smart” devices, ranging from smartphones to hearing aids to door locks, to determine whether manufacturers disclose how long they provide software updates for their products and related apps. Without such updates, according to the Paper and the corresponding press release, these products “may lose their ‘smart’ functionality, become insecure, or completely cease to operate.”

Continue Reading FTC Staff Paper Finds Most “Smart” Products Manufacturers Fail to Disclose How Long They Will Provide Software Updates

On July 9, 2024, the FTC and California Attorney General settled a case against NGL Labs (“NGL”) and two of its co-founders. NGL Labs’ app, “NGL: ask me anything,” allows users to receive anonymous messages from their friends and social media followers. The complaint alleged violations of the FTC Act, the Restore Online Shoppers’ Confidence Act (ROSCA), the Children’s Online Privacy Protection Act (COPPA), and California laws prohibiting deceptive advertising and prohibiting unfair and deceptive business practices.

Continue Reading FTC Reaches Settlement with NGL Labs Over Children’s Privacy & AI

On December 19, 2023, the Federal Trade Commission (“FTC”) announced that it reached a settlement with Rite Aid Corporation and Rite Aid Headquarters Corporation (collectively, “Rite Aid”) to resolve allegations that the companies violated Section 5 of the FTC Act (as well as a prior settlement with the agency) by failing to implement reasonable procedures to prevent harm to consumers while using facial recognition technology.  As part of the settlement, Rite Aid agreed to cease using “Facial Recognition or Analysis Systems” (defined below) for five years and establish a monitoring program to address certain risks if it seeks to use such systems for certain purposes in the future.

Continue Reading Rite Aid Settles FTC Allegations Regarding Use of Facial Recognition Technology

On November 28, 2022, the Federal Trade Commission (“FTC”) and seven state attorneys general announced that they reached settlements with Google LLC and iHeartMedia, Inc., to resolve claims that the companies aired deceptive advertisements promoting Google’s Pixel 4 phone by arranging for iHeartMedia radio personalities who never actually used the phone to personally endorse it.  The companies agreed to pay a combined $9.4 million to the states to settle these allegations.

Continue Reading Google and iHeartMedia Reach Settlements with FTC and States for Deceptive Endorsements

Last week, Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN) introduced the bipartisan Kids Online Safety Act (“KOSA”), which would impose new safeguards, tools, and transparency requirements for minors online.  The bill applies to entities that are a “commercial software application or electronic service that connects to the internet and…
Continue Reading U.S. Congress Introduces Kids Online Safety Act