News & Analysis as of

FTC Act Section 5

Foster Garvey PC

FTC Escalates Enforcement Against Cancellation Policies Utilized with Subscription Product Orders

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The Federal Trade Commission (“FTC”) has increased its campaign against businesses that impose unreasonable barriers to consumer cancellation of memberships and subscriptions. Recent actions demonstrate the agency’s intent to...more

UB Greensfelder LLP

FTC Moves to Protect Workers from Anticompetitive Agreements by Issuing Action Against Gateway Services

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The Federal Trade Commission’s (FTC’s) non-compete rule may be effectively dead, but the agency’s focus on non-compete agreements is very much alive. In February, FTC Chairman Andrew Ferguson launched a Joint Labor Task Force...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Chair Warns Tech Firms: Weakening Encryption or Censoring Americans for Foreign Governments May Violate US Law

The FTC’s letters highlight the commission’s concern that tech companies may adopt content moderation or data security policies that, while designed to meet foreign legal requirements, could impermissibly infringe upon U.S....more

DLA Piper

Click-to-Cancel Lives on Under ROSCA and Section 5

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The Federal Trade Commission (FTC) has filed a complaint in the Central District of California against Fitness International, LLC and Fitness & Sports Clubs, LLC (together, LA Fitness), alleging unfair and deceptive practices...more

Alston & Bird

FTC Enforcement of Cancellation Practices Continues After Click-to-Cancel Rule Defeated

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Our Consumer Protection/FTC Team examines how the FTC continues to actively pursue companies with allegedly complicated cancellation practices by relying on existing legal authority despite setbacks to the Click-to-Cancel...more

Venable LLP

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

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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

Winstead PC

8th Circuit Vacates FTC’s “Click to Cancel Rule”

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On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (“FTC”) Click to Cancel Rule (the “Rule”), which was previously scheduled to take effect on May 14, 2025, and later...more

Venable LLP

Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper

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In a lawsuit that will likely be closely watched, Xlear, Inc.—a Utah-based manufacturer of xylitol-based hygiene products—has filed a federal lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew N....more

Holland & Knight LLP

FTC Evaluating Deceptive Artificial Intelligence Claims

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The Federal Trade Commission (FTC) has shown a growing interest in scrutinizing deceptive claims related to artificial intelligence (AI). This interest stems from the agency's core mission to protect consumers and ensure fair...more

Troutman Pepper Locke

How Cos. Can Use Data Clean Rooms to Address Privacy

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Businesses are constantly seeking innovative ways to improve their customers’ experiences. Originally published in Law360 - February 10, 2025....more

Troutman Pepper Locke

Illinois and Minnesota AGs Join FTC’s Lawsuit Against Private Equity Firm

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Illinois Attorney General (AG) Kwame Raoul and Minnesota AG Keith Ellison have joined the Federal Trade Commission (FTC) in a lawsuit to block the acquisition of Surmodics Inc. by GTCR BC Holdings LLC, two major manufacturers...more

Hudson Cook, LLP

FTC Takes Action against AI Company over Deceptive Accuracy Claims about AI Content Detection

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On April 24, 2025, the Federal Trade Commission (FTC) finalized a Decision and Order against an Artificial Intelligence (AI) Company (the "Company"), alleging that it made false and unsubstantiated claims about its AI Content...more

Venable LLP

Tariffs May Encourage Made in the USA Claims, but You Need to Be Careful

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With tariffs creating an atmosphere where “imported” may soon come to mean “expensive,” American businesses might be tempted to use their advertising and packaging to emphasize the American origin of their product, no matter...more

Venable LLP

Some Hints About and Clues to the FTC’s Consumer Protection Priorities

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We’ve written previously about the Trump administration’s effort to increase his influence over independent agencies such as the FTC and to review regulations promulgated by these agencies. The White House is also reportedly...more

BakerHostetler

FTC Signals Heightened Scrutiny on the Security of APIs

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On Jan. 15, the Federal Trade Commission (FTC) announced a proposed settlement with web hosting giant GoDaddy over alleged violations of Section 5 of the FTC Act. Specifically, the FTC alleged that GoDaddy had violated the...more

Hudson Cook, LLP

Outside the Rule, Inside the Court: FTC Throws a Curve for Rental Housing Rent and Fee Disclosures in Ads and Leasing

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The Federal Trade Commission (FTC) and the Colorado Attorney General filed suit January 16 against a major property management company, alleging deceptive practices under Section 5 of the FTC Act, the Gramm-Leach-Bliley Act...more

Hogan Lovells

Antitrust Year in Review and a Look Ahead to 2025

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There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and...more

Venable LLP

FTC and New York Attorney General Settle with Handy for Deceptive Practices

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This week, the Federal Trade Commission (FTC) and the New York attorney general announced a settlement with Handy Technologies, Inc. to resolve allegations that the company engaged in an array of unfair and deceptive...more

Troutman Pepper Locke

FTC and Illinois AG Settle Matter Against Grubhub for $140M

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On December 17, 2024, the Federal Trade Commission (FTC) and Illinois Attorney General (AG) Kwame Raoul settled their lawsuit against Grubhub for $140 million (Grubhub will only have to pay $25 million, with the balance...more

BakerHostetler

Robinson-Patman Revival or Lame Duck Hail Mary? FTC Brings First Price Discrimination Case in Decades

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On December 12, 2024, the Federal Trade Commission (FTC) filed its first Robinson-Patman Act case in more than 20 years, just as the White House is set to change parties and the balance of power on the FTC will swing...more

Seyfarth Shaw LLP

FTC Posts $20 Million Settlement With Dealer Group For Alleged Deceptive Practices - Seyfarth's Future of Automotive Series

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On Thursday, December 19, 2024, the Federal Trade Commission (FTC) and Illinois Attorney General announced a massive $20 million settlement with Leader Automotive Group, the operator of 10 dealerships in and around...more

Troutman Pepper Locke

FTC and Illinois AG Secure $20M Settlement with Leader Automotive Group Over Allegedly Deceptive Practices

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In a significant enforcement action, the Federal Trade Commission (FTC) and the Illinois Attorney General have reached a $20 million settlement with Leader Automotive Group and its Canadian parent company, AutoCanada, over...more

Orrick, Herrington & Sutcliffe LLP

FHFA releases advisory notice on UDAP prohibitions under FTC Act

On November 29, the FHFA issued Advisory Bulletin 2024-06: “Regulated Entity Unfair or Deceptive Acts or Practices Compliance” to provide guidance to Fannie Mae, Freddie Mac, and the FHLBanks on adhering to UDAP prohibitions...more

Troutman Pepper Locke

NCUA Issues Guidance to Federal Credit Unions on Overdraft and NSF Fee Practices

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On December 10, the National Credit Union Administration (NCUA) issued a letter to all federally insured credit unions, highlighting the risks associated with certain overdraft and non-sufficient funds (NSF) fee practices....more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #423 – FTC Files Complaint Against Mobilewalla for Selling Consumers’ Precise Location Data

I have commented before that I do not enable location-based services unless I use an app that requires it, like a ride-sharing app or directions. One of the reasons is to prevent data brokers and others from using precise...more

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