News & Analysis as of

Regulatory Requirements Unfair or Deceptive Trade Practices

Orrick, Herrington & Sutcliffe LLP

Massachusetts attorney general issues statement as new “junk fee” consumer protection rules take effect

On September 2, the Massachusetts Attorney General, Andrea Joy Campbell, announced the effective date of those regulations targeting supposed “junk fees.” ...more

Hudson Cook, LLP

Massachusetts Fee Transparency Rules Take Effect: What Rental Housing Providers Need to Know

Hudson Cook, LLP on

After a long introduction, new general business rules from the Massachusetts Office of the Attorney General (OAG) governing transparency in price disclosure and negative option renewals took effect September 2....more

Rivkin Radler LLP

NY Insurer Fined $250,000 for Mental Health “Ghost Network”

Rivkin Radler LLP on

The New York Attorney General’s office recently announced an agreement with MVP Health Care under which the insurer will pay $250,000 in penalties, fees, and costs to the state for maintaining an inaccurate mental health...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

Hinch Newman LLP

How to Avoid Scrutiny When Advertising or Labeling Made in USA

Hinch Newman LLP on

In 1997, following consumer research and public comments, the FTC published an Enforcement Policy Statement on U.S. Origin Claims to guide marketers and manufacturers that want to make an unqualified Made in USA claim under...more

Paul Hastings LLP

Colorado Delays Enforcement of AI Act

Paul Hastings LLP on

On August 28, Colorado Gov. Jared Polis signed SB4, delaying the effective date of the Colorado AI Act (CAIA) from February 1, 2026, to June 30, 2026. Earlier this summer, Gov. Polis called the Colorado Legislature into a...more

Troutman Pepper Locke

Paddle's Payment Predicament: Unpacking FTC's Compliance Crackdown — Payments Pros – The Payments Law Podcast

Troutman Pepper Locke on

In this episode of Payments Pros, hosts Keith Barnett and Carlin McCrory examine the recent $5 million settlement between the Federal Trade Commission (FTC) and Paddle.com, a UK-based payment processor. The discussion centers...more

Cozen O'Connor

NY AG Puts Mental Health Ghost Network to Rest

Cozen O'Connor on

New York AG Letitia James has announced an agreement with MVP Health Plan (MVP) following an investigation that found systemic problems with the insurer’s mental health provider network. The investigation revealed that MVP’s...more

Paul Hastings LLP

Marketing Texts in Texas: SB 140 Broadens State Telemarketing Regulations

Paul Hastings LLP on

On September 1, 2025, Texas Senate Bill 140 (SB 140) becomes effective, broadening certain aspects of the state’s telemarketing law to cover text messages, multimedia messages and similar electronic communications. The...more

Husch Blackwell LLP

FTC to Sellers: Time to Knock Off the “Made in the USA” Knock-Offs

Husch Blackwell LLP on

If you have shopped online lately, odds are you saw products proudly advertising themselves as “Made in the USA.” Maybe it was a flag, a pair of boots, or a kitchen gadget. But how often is that label actually true? According...more

Wiley Rein LLP

Wiley Consumer Protection Download (August 26, 2025)

Wiley Rein LLP on

FTC Chairman Sends Warning Letters to Technology Companies Regarding Data Security and Censorship. On August 21, FTC Chairman Andrew Ferguson sent warning letters to thirteen technology companies that provide cloud computing,...more

Cozen O'Connor

When Algorithms Deny: AI and the New Frontier of Bad Faith

Cozen O'Connor on

As industries across the board adopt artificial intelligence (AI), insurers have likewise recognized its potential to enhance efficiency in claims administration. Yet with this opportunity comes tension: consumers expect both...more

Womble Bond Dickinson

A Practical Guide for Offering Online Contests and Promotions

Womble Bond Dickinson on

The internet is now the primary medium for operators to disseminate online gaming, sweepstakes, and contests to participants worldwide. Opposing moral viewpoints, conflicting statutory interpretations and legal challenges...more

Perkins Coie

Texas Broadens State’s TCPA Rules and Increases Litigation Risks for Marketers

Perkins Coie on

Texas has enacted amendments to its state version of the federal Telephone Consumer Protection Act (Tex. Bus. & Comm. Code §§ 301-305) (the Texas Mini-TCPA), adding three key pressure points that will increase both compliance...more

Cozen O'Connor

Claims Notes: August 2025

Cozen O'Connor on

Umpire Not Immune from Insurer’s Suit for Undisclosed Conflicts - A toilet supply line leak damaged Rike’s home. She submitted a claim to her property insurer and demanded an appraisal. Rike and the insurer selected their...more

Robinson Bradshaw

Marketers: Beware of Texting in Texas

Robinson Bradshaw on

On June 20, Gov. Greg Abbott signed Texas Senate Bill 140 into law, taking effect on Sept. 1, 2025. Among other things, this bill expands the scope of Texas’ telephone solicitation legislation (the Texas Telephone...more

IMS Legal Strategies

A Taste for Claims: Conducting Sensory Claim Substantiation Surveys

IMS Legal Strategies on

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

Cozen O'Connor

State AGs Are Stepping Up — Is Your Bank Ready for Multistate Scrutiny?

Cozen O'Connor on

The CFPB has scaled back some enforcement priorities, and the states have noticed. Certain states – including California, New York, Texas, and Connecticut – are particularly active, pursuing UDAP violations, privacy issues,...more

Parker Poe Adams & Bernstein LLP

Federal Trade Commission Finalizes Order With Web Hosting Company Over Data Security Failures

On May 21, 2025, the Federal Trade Commission (FTC) finalized a consent order with GoDaddy to settle allegations that the web hosting company misled customers and failed to implement basic data security protections. Although...more

A&O Shearman

UK FCA urges CMCs to review financial promotions regarding motor finance claims

A&O Shearman on

The UK Financial Conduct Authority (FCA) has published a letter dated 31 July, addressed to claims management companies (CMCs) involved with motor finance claims, urging them to review their financial promotions to ensure...more

Morrison & Foerster LLP

A MoFo Privacy Minute Q&A: Amendments to Texas’s “Mini-TCPA”

Question: Amendments to Texas’s “Mini-TCPA” take effect on September 1, 2025. How will these changes impact my business’s telemarketing activities? Answer: The amendments broaden the scope of Texas’s telemarketing law....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

New Jersey Enacts Key Legislation Addressing Kickbacks and Deceptive Marketing Practices in the Substance Use Disorder Treatment...

On August 11, 2025, New Jersey’s Acting Governor, Tahesha Way, signed into law two bills to combat patient brokering and deceptive marketing practices in the Substance Use Disorder (“SUD”) treatment industry. The legislation,...more

Loeb & Loeb LLP

Illuminating the Risks: FDA Clearance Does Not Fully Shield Health & Wellness Devices from Advertising Scrutiny

Loeb & Loeb LLP on

The surge in health and wellness devices—including wearables, beauty devices and more—comes a result of consumer interest in preventive health measures. These products offer a range of benefits, from improving skin and...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit sides with credit union after finding NCUA regulations preempted California state law

On August 1, the U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of claims under California’s Unfair Competition Law (UCL) against a federal credit union, holding that federal law preempts state regulation of...more

Amundsen Davis LLC

President Trump Takes Action to Ensure Fair Banking for All Americans

Amundsen Davis LLC on

On August 7, 2025, President Donald J. Trump signed an executive order titled “Guaranteeing Fair Banking for All Americans.” The order asserts that financial institutions have restricted the access of individuals and...more

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