News & Analysis as of

Federal Trade Commission (FTC) Consumer Protection Laws Unfair or Deceptive Trade Practices

Husch Blackwell LLP

Burger King Corp.’s Motion to Dismiss Denied in Deceptive Advertising Class Action Lawsuit

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In Walter Coleman, et al. v. Burger King Corp., No. 22-20925 (S.D. Fla.), a putative class of consumers from thirteen states alleges that Burger King’s advertising for items such as the Whopper materially exaggerates portion...more

IMS Legal Strategies

A Taste for Claims: Conducting Sensory Claim Substantiation Surveys

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This article provides an overview of sensory claim substantiation: the types of sensory claims, how to identify the right sensory claim for your product, research design methods, best practices for each type of claim, and how...more

Loeb & Loeb LLP

Match Group’s $14 Million Lesson: Even Without “Click-to-Cancel,” Subscription Companies Can’t Play Hard to Get

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Last week, Match Group Inc., the powerhouse behind Match.com, OkCupid, Plenty of Fish and The League, agreed to shell out $14 million and revamp its cancellation policies, ending a nearly six-year showdown with the Federal...more

BakerHostetler

[Podcast] AD Nauseam: Checking In With the FTC

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On today’s episode of AD Nauseam, Amy Mudge and Daniel Kaufman discuss recent FTC enforcement trends, highlighting a return to traditional consumer protection cases such as fraud, earnings claims, and debt relief. They...more

Cozen O'Connor

FTC Nets $145M to Resolve Deceptive Online Health Insurance Marketing Claims

Cozen O'Connor on

The FTC has reached proposed settlements with Assurance IQ, LLC and MediaAlpha, Inc., resolving allegations that the companies misled consumers into buying health insurance plans without the promised coverage and subjected...more

Cozen O'Connor

FTC and Match Strike $14M Deal over Alleged Deceptive Practices

Cozen O'Connor on

The FTC has reached a settlement with Match Group, Inc. and Match Group, LLC (collectively, “Match”)—the owners and operators of online dating services Match.com, OkCupid, PlentyofFish, The League, and other dating sites—to...more

Hudson Cook, LLP

Online Dating Service Agrees to Pay $14 Million to Resolve FTC Lawsuit

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On August 12, 2025, the Federal Trade Commission announced that a large online dating company (the "Company") agreed to stop alleged unlawful practices related to advertising, cancellation, and billing. ...more

Stradling Yocca Carlson & Rauth

Platforms in the Crosshairs: What the FTC’s ‘Made in USA’ Warning Letters Mean for E-Commerce

The FTC just fired a “Made in USA” warning shot across the bow of e-commerce—this time aimed directly at the platforms themselves. In July 2025, the agency issued letters to Amazon and Walmart, citing concerns about...more

Brownstein Hyatt Farber Schreck

New York’s FAIR Business Practices Act—Another State Consumer Protection Domino?

Months after the CFPB—under departing chair Rohit Chopra—released a playbook encouraging states to toughen their consumer protection laws and enforcement, New York has responded, passing the Fostering Affordability and...more

Katten Muchin Rosenman LLP

FTC Request for Information Regarding Gender Affirming Care

On July 9, 2025, the Federal Trade Commission (“FTC”) hosted a workshop to discuss unfair and/or deceptive trade practices in gender affirming care (“GAC”) for minors. During this webinar, the FTC indicated it would be...more

Cozen O'Connor

MA AG Issues Updated Guidance Ahead of “Junk Fee” Compliance Deadline

Cozen O'Connor on

Massachusetts AG Andrea Joy Campbell has released updated compliance guidance, including a new webinar, to help businesses comply with the state’s new consumer protection regulations targeting so-called “junk fees.”...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 29, 2025)

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FTC Obtains Temporary Restraining Order and Asset Freeze Against Seven Debt Relief Companies and Their Owners for Allegedly Deceptive Practices. On July 14, the FTC filed a complaint and motion for temporary restraining order...more

BakerHostetler

[Podcast] AD Nauseam: You Have Lesley Fair Notice Pt. 2

BakerHostetler on

On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more

Kelley Drye & Warren LLP

FTC Warns Manufacturers and Retailers About Made in USA Claims

As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning...more

DLA Piper

Accentuate the Positive, Don’t Eliminate the Negative: What a New FTC Case Says About Managing Your Customer Reviews

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The Federal Trade Commission (FTC) recently announced a new action and proposed settlement with the telemedicine firm NextMed. The action, which may seem familiar to those who followed FTC advertising cases of years past,...more

Venable LLP

FTC Settles with NextMed Over Deceptive Pricing, Hidden Material Terms, and Fake Reviews and Testimonials in Telehealth Membership...

Venable LLP on

This week, the Federal Trade Commission (FTC) announced a settlement with NextMed parent company Southern Health Solutions, Inc., in response to allegations that the telemedicine platform offered deceptive claims and fake...more

DLA Piper

FTC’s “Click-to-Cancel” Rule Voided

DLA Piper on

A unanimous three-judge panel of the Eighth Circuit has vacated the Federal Trade Commission’s (FTC) final rule of amendments to the Negative Option Rule days before the rule’s scheduled July 14, 2025 effective date. The...more

Lowenstein Sandler LLP

FTC Click-to-Cancel Rule on Hold, but California’s Automatic Renewal Law Remains Intact: What Companies Need To Know

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On July 8, the Eighth U.S. Circuit Court of Appeals vacated the Federal Trade Commission’s (FTC) "click-to-cancel" rule (FTC Rule), which would have required companies to provide customers with an easy, one-click method to...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

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FTC Sends Warning Letters Regarding Potential Noncompliance With “Made in USA” Requirements. On July 8, the FTC sent letters to a flagpole retailer, footwear maker, football equipment company, and personal care products...more

Benesch

Eighth Circuit Cancels FTC’s “Click-to-Cancel” Rule

Benesch on

On July 8, the United States Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Negative Option Rule, also referred to as the “Click-to-Cancel” rule (the “Rule”), determining that the FTC...more

Eversheds Sutherland (US) LLP

Eighth Circuit vacates FTC’s “Click-to-Cancel” Rule in Custom Communications v. FTC

Just days before it was scheduled to take effect, the Federal Trade Commission’s (FTC) amended Negative Option Rule, commonly known as the “Click-to-Cancel” Rule (Rule), was vacated by the US Court of Appeals for the Eighth...more

Foley & Lardner LLP

Gender-Affirming Care: Key Takeaways from FTC’s July 2025 Workshop on Unfair Or Deceptive Trade Practices

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On July 9, 2025, the Federal Trade Commission (FTC) hosted a workshop focused on perceived “dangers” arising from unfair or deceptive trade practices in marketing a variety of health care services falling under the label of...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

White & Case LLP

New York Poised to Significantly Expand Consumer Protection Law and Adopt Federal Unfair and Abusive Standards

White & Case LLP on

In the wake of the federal government's pullback on consumer protection regulation and enforcement, the New York Legislature has passed an expansive overhaul of its principal consumer protection law. The Fostering...more

Lerman Senter PLLC

"Click to Cancel" Rule Vacated Ahead of July 14th Deadline

Lerman Senter PLLC on

Just days before the “Click to Cancel” negative option rule was to go into effect, the Eight Circuit Court of Appeals vacated the rule in its entirety. As explained in our previous alert, the rule, which would have gone into...more

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