News & Analysis as of

Unfair or Deceptive Trade Practices Disclosure Requirements

Orrick, Herrington & Sutcliffe LLP

Massachusetts attorney general releases updated guidance on “junk fee” regulations ahead of compliance deadline

On July 29, the attorney general from Massachusetts released an updated guidance and a webinar to help businesses in Massachusetts comply with the Bay State’s consumer protection regulations prohibiting so-called “junk fees”...more

Klein Moynihan Turco LLP

New York Enacts First-Of-Its-Kind Dynamic Pricing Law

On May 9, 2025 New York Governor Kathy Hochul signed the Algorithmic Pricing Disclosure Act (the “Act”) into law. This is the first time that a state jurisdiction has mandated use of certain disclosures if consumer data has...more

Akin Gump Strauss Hauer & Feld LLP

Texas Passes Landmark Law Regulating Proxy Advisors: What Companies Need to Know

On June 20, 2025, Gov. Greg Abbott (R-TX) signed SB 2337, a new law that significantly alters the landscape for proxy advisory firms (e.g., Glass Lewis and Institutional Shareholder Service (ISS)) providing services to...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

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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

Venable LLP

[Webinar] Untangling Junk Fees and Surcharges: Navigating the Patchwork of Pricing Transparency Laws - July 31st, 3:00 pm - 4:00...

Venable LLP on

With regulators, lawmakers, and consumers increasingly focused on pricing transparency, understanding the legal treatment of surcharges, "junk fees," and disclosure practices is more important than ever. Recent federal and...more

Fenwick & West LLP

In-Game Purchases: Don't Be A Gold Mine For Plaintiff Trolls

Fenwick & West LLP on

In-game purchases have become a cornerstone of the mobile video game industry, enabling developers to enhance user experience while generating revenue. However, recent developments signal heightened scrutiny from plaintiff’s...more

Kelley Drye & Warren LLP

Private Right of Action Exposure Increase: Texas Expands Damages for Telemarketing Violations Effective September 1, 2025

A bill recently enacted in Texas (SB140) will enhance the ability of individual consumers to seek damages for violations of various aspects of the state’s telemarketing laws. The changes adopted impact the following...more

Partridge Snow & Hahn LLP

Massachusetts Regulation Prohibits Sellers from Accepting Offers with Preemptive Inspection Waivers

Effective October 15, 2025, Massachusetts has adopted new home inspection regulations under 760 CMR 74.00 that prohibit sellers from accepting residential real estate offers containing preemptive inspection waivers, or...more

Lowenstein Sandler LLP

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

Lowenstein Sandler LLP on

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

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

Cozen O'Connor

Nebraska AG Latest to Hit the Brakes on GM Data Practices

Cozen O'Connor on

Nebraska AG Mike Hilgers sued General Motors LLC and its subsidiary OnStar LLC (collectively, “GM”) over allegations that GM misled vehicle purchasers into enrolling in programs that collected and shared their driving data...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

BakerHostetler

[Podcast] AD Nauseam: You Have Lesley Fair Notice Pt. 1

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

Mayer Brown

States Dialing in on Mortgage Trigger Leads

Mayer Brown on

In a notable trend in state consumer financial regulation, state legislatures are increasingly seeking to regulate a variety of marketing and advertising practices, rather than limiting their regulatory focus limited to the...more

Verrill

Maine Law Now Requires Limited Disclosures of Artificial Intelligence Technology

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Maine has joined the list of U.S. states requiring disclosures of Artificial Intelligence (A.I.) technologies. This is due to a new law signed by Governor Janet Mills on June 12, 2025, the Act to Ensure Transparency in...more

Miller Canfield

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

Miller Canfield on

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

Kilpatrick

Influencers on the "Free Stuff" Train Require Monitoring for False Claims

Kilpatrick on

A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more

Proskauer - Advertising Law

Subscription Shake-Up: Navigating the FTC’s Click-to-Cancel Rule

In October 2024, the Federal Trade Commission (“FTC”) updated its 1973 Negative Option Rule to address unfair and deceptive online subscription practices. See 16 C.F.R. § 425 (2024) (the “Negative Option Rule” or the “Rule”)....more

Perkins Coie

The FTC “Junk Fee” Rule Is Here… Along With a Wave of State Laws

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Key Takeaways - - The Federal Trade Commission’s Rule on Unfair or Deceptive Fees is now in effect. - The rule applies to businesses that offer or advertise live-event tickets or short-term lodging. - If including the...more

BakerHostetler

FTC’s Junk Fee Rule FAQs Give Road Map for Displaying Price

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In May the FTC’s Rule on Deceptive or Unfair Fees (the Rule) went into effect, and the FTC staff published accompanying FAQs for business. We have blogged a lot about the proposed Rule, enforcement in this space and its windy...more

Perkins Coie

The FTC “Junk Fee” Rule Is Here…Along with a Wave of State Laws

Perkins Coie on

Also referred to as the “junk fee” rule against “bait-and-switch” or “drip” pricing, the rule was adopted with bipartisan support in the waning days of the Biden presidency. Further, the Republican-led FTC under the Trump...more

IR Global

FTC Implements Rule to Eliminate Hidden Fees in Pricing

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On May 12, 2025, the Federal Trade Commission (FTC) enacted the Rule on Unfair or Deceptive Fees (the “Rule”), mandating that businesses disclose all mandatory fees upfront in advertised prices. This initiative aims to...more

Holland & Knight LLP

Podcast - New Guidance on Complying with FTC Rule on Deceptive and Unfair Fees

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta breaks down the Federal Trade Commission's (FTC) Rule on Unfair or Deceptive Fees, focusing on recent FAQs that clarify its application...more

Winstead PC

The Federal Trade Commission (FTC) Click-to-Cancel

Winstead PC on

The Federal Trade Commission (“FTC”) has recently announced that the FTC’s Click to Cancel Rule (the “Rule”) has been postponed to July 14, 2025. Originally planned to become effective May 14, 2025, the Commission released...more

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