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FTC's 'Click-to-Cancel' Rule Battles Through Political Shifts and Legal Challenges

The Federal Trade Commission’s (“FTC”) Negative Option Rule, dubbed the “Click-to-Cancel” Rule (the “Rule”), stands to substantially change the way online businesses must interact with customers. Its fate is now in the hands...more

More Than Child's Play: $520 Million FTC Settlement Signals Risks for Digital Platforms

For years, one of the world’s most popular online video games, Fortnite, profited from in-game purchases (or “microtransactions”) that, according to the Federal Trade Commission (“FTC”), were unlawful and deceptive. Although...more

FTC and DOJ Emphasize Companies’ Duty to Preserve Ephemeral Messaging and Data on Collaboration Platforms in Updated Guidance

The Federal Trade Commission and United States Department of Justice recently released new guidance on preservation of electronically stored information from ephemeral messaging tools and collaboration platforms like Slack,...more

Supreme Court Expands the Path to Challenge the Authority of Administrative Agencies in Federal Court

Consistent with federal courts’ recent pattern of limiting the reach of administrative agencies, the Supreme Court held on April 14, 2023, that a challenge to the constitutional authority of an administrative law judge...more

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