Roughly six months since Andrew Ferguson became Chairman of the Federal Trade Commission, an FTC workshop on children’s privacy and online safety has provided a glimpse into the agency’s approach to these issues....more
Key Takeaways -
- The Eighth Circuit vacated the FTC’s Negative Option Rule due to the agency’s failure to issue a required preliminary regulatory analysis during the rulemaking process. The ruling comes just days before the...more
Key Takeaways -
- The Federal Trade Commission’s Rule on Unfair or Deceptive Fees is now in effect.
- The rule applies to businesses that offer or advertise live-event tickets or short-term lodging.
- If including the...more
Also referred to as the “junk fee” rule against “bait-and-switch” or “drip” pricing, the rule was adopted with bipartisan support in the waning days of the Biden presidency. Further, the Republican-led FTC under the Trump...more
Key Takeaways -
- Beginning May 14, businesses offering "negative option features" can incur significant financial penalties for each violation of the FTC’s “click-to-cancel” rule.
- The rule imposes obligations related to...more
Perkins Coie partner Janis Kestenbaum says the FTC is keeping the pressure on strong consumer protection enforcement despite the Trump administration’s deregulatory agenda.
In balancing enforcement with fewer anticipated...more
5/5/2025
/ Artificial Intelligence ,
Consumer Protection Laws ,
Data Privacy ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
Online Safety for Children ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Technology ,
Trump Administration
The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the...more
4/24/2023
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
SCOTUS ,
Securities and Exchange Commission (SEC)
On March 2, 2023, following a 4-0 vote, the Federal Trade Commission announced a complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to...more
3/8/2023
/ Advertising ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Privacy ,
Data-Sharing ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Personal Information ,
Settlement ,
Technology