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Eighth Circuit Vacates FTC Click-to-Cancel Rule Days Before Compliance Deadline

Although the entire Rule has been vacated, businesses offering negative option programs should remain aware of general unfair and deceptive advertising principles and applicable state law requirements. KEY POINTS: On July...more

FTC Publishes Updates to COPPA Rule

The first updates to the COPPA Rule since 2013 impose new obligations for sharing children’s personal information with third parties. On April 22, 2025, the Federal Trade Commission (FTC or Commission) published the final...more

FTC Delays Enforcement of Click-to-Cancel Rule Until July 14 2025

Companies with B2C or B2B recurring payment programs that include negative option terms now have until July 14, 2025, to ensure their disclosure, consent, and cancellation practices are compliant with the Negative Option...more

FTC’s Click-to-Cancel Rule to Take Effect on May 14, 2025, Despite Litigation

Companies with B2C or B2B recurring payment programs that include negative option terms should review their disclosure, consent, and cancellation practices to ensure compliance with the rule....more

FTC Proposes Updates to COPPA Rule

On December 20, 2023, the Federal Trade Commission (FTC or Commission) issued a Notice of Proposed Rulemaking (Notice) recommending amendments to the Children’s Online Privacy Protection Rule (COPPA Rule or Rule). The FTC...more

US and States Target Deceptive “Junk Fees” and “Drip Pricing”

On October 11, 2023, the FTC issued a Notice of Proposed Rulemaking and Request for Public Comment titled “Trade Regulation Rule on Unfair or Deceptive Fees” (the Proposed Rule). The FTC said the Proposed Rule “would prohibit...more

FTC Serves Notice of Enforcement Approach on Endorsements and Testimonials

Following recent setbacks, the FTC seeks a foothold for monetary remedies in the online advertising space. On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses Concerning Endorsements...more

FTC Chair Rebecca Slaughter Outlines Data Privacy Enforcement Agenda

Slaughter discusses the FTC’s priorities under the new administration, including ed-tech, health apps, and racial equity. On February 10, 2021, in her first major speech as acting chair of the Federal Trade Commission...more

4 Questions to Consider When Dealing With Children’s Data in the US

The FTC and many state attorneys general aggressively monitor apps, websites, and internet-connected products for COPPA compliance. In the United States, collecting data directly from children under 13 years of age is...more

FTC Hearings Discuss the State of Data Security in the 21st Century

Ninth hearing on Competition and Consumer Protection in the 21st century highlights challenges of addressing persistent threats to data security. On December 11 and 12, the Federal Trade Commission (the FTC or the...more

Deep Dive on Deep Learning: FTC Considers Artificial Intelligence

Seventh Hearing on Competition and Consumer Protection considers ethical, practical, and legal dimensions of artificial intelligence and machine learning. On November 13 and 14, the Federal Trade Commission (FTC) held the...more

FTC Hearing Evaluates Regulatory Oversight of Big Data and Privacy

Sixth hearing on Competition and Consumer Protection in the 21st Century features disagreement over FTC’s enforcement priorities for consumer data. The Federal Trade Commission (FTC) recently held the sixth hearing in its...more

Privacy Shield is on its Way

On March 17, 2016, the Civil Liberties Committee convened to discuss whether the Privacy Shield framework that will replace Safe Harbor provides adequate protection to the data of EU citizens. A number of experts were...more

FTC Administrative Law Judge Issues Initial Decision in LabMD Matter

In a stunning victory, an administrative law judge has recommended the dismissal of a long-pending US Federal Trade Commission (FTC) complaint against LabMD, Inc. (LabMD). In a strongly worded opinion in a case that had...more

European Court of Justice: Safe Harbor Decision Is Invalid!

On October 6, the European Court of Justice ruled that Decision 2000/520 of the European Commission, which stated that Safe Harbor-certified US companies provide adequate protection for personal data transferred to them from...more

Eight Key Takeaways from FTC's Settlement with Snapchat

Yesterday, the Federal Trade Commission announced a settlement with Snapchat, the young mobile messaging company. The complaint alleges misrepresentations about functionality and related security as well as privacy...more

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