United States: Consumer Protection

Affordability remains front and center at the FTC. This month, the agency turned its attention to healthcare and gas costs. It also issued detailed guidance on price transparency for auto dealers that marketers in any industry might want to heed: the advertised price “must be the actual price that any consumer can walk in and pay,” with only government fees excluded. The FTC continues to consider how to combat scams and is seeking public comment on whether online platforms should help stop scammers who use those platforms to impersonate third parties by, for example, requiring the removal of confirmed impersonation scam ads.

With federal agencies pulling back on enforcement, state attorneys general are increasingly filling the regulatory gap through coordinated actions on consumer protection, antitrust, and privacy matters. Skadden partners examine which areas states are prioritizing and how this shift in enforcement landscape affects corporate compliance strategies and M&A transactions.

Alabama, Louisiana, Oklahoma, and Vermont have enacted comprehensive consumer privacy laws, adding to the growing patchwork of state privacy regulations. While these laws share a common framework with existing state privacy statutes, each contains distinct requirements regarding applicability thresholds, opt-out mechanisms, sensitive data processing, and enforcement provisions that businesses must navigate carefully.

When does a disclosure on the back of a package save a misleading claim on the front? A federal court's ruling in a class action against Barilla over its "Italy's #1 Brand of Pasta" slogan clarifies when disclosures on other panels can resolve ambiguous claims versus when front-panel statements are unambiguously deceptive.

This comprehensive newsletter covers recent consumer protection enforcement actions by the FTC, CFPB, and state Attorneys General, alongside NAD advertising challenge decisions and regulatory developments. The update examines settlements involving deceptive business practices, data breaches, and unlawful operations, while highlighting new guidance on price transparency and impersonation rules that will shape compliance strategies across industries.

The Federal Trade Commission announced a $12 million settlement with payment processor Humboldt Merchant Services over allegations of facilitating merchant fraud through unauthorized billing scams, while simultaneously rescinding its 2021 policy statement on health app breaches. The settlement imposes permanent restrictions on processing payments for high-risk merchant categories and prohibits credit card laundering activities.

In April 2024, EPA designated perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). As previously discussed in Re:Torts, industry groups challenged the designation, arguing that EPA misread the phrase “may present substantial danger” as requiring only a “possibility” of harm. The groups also argued EPA gave inadequate notice of its cost-benefit methodology and acted arbitrarily and capriciously.

This monthly newsletter examines significant legal trends and landmark cases in product liability and mass torts, including recent court decisions on phenylephrine preemption, BIOCELL implant litigation...

Beginning October 10, 2026, the European Union will restrict certain concentrations of PFHxA and related substances in clothing and footwear, marking a significant expansion of PFAS regulations affecting the apparel and textile industry. Companies face a complex patchwork of requirements as France, Denmark, and multiple U.S. states implement their own PFAS restrictions with varying scopes, thresholds, and compliance approaches. Navigating these divergent regulations requires careful supply chain evaluation

Washington, D.C. has enacted comprehensive legislation that fundamentally changes how medical debt is handled, prohibiting healthcare providers and debt collectors from reporting medical debt to credit reporting agencies while imposing strict limitations on collection practices. The law establishes significant protections including wage garnishment restrictions, interest rate caps, and mandatory financial assistance screening, though it faces concerns about potential impacts on the healthcare system's susta

The Federal Trade Commission announced a $12 million settlement with payment processor Humboldt Merchant Services over allegations of facilitating merchant fraud through unauthorized billing scams, while simultaneously rescinding its 2021 policy statement on health app breaches. The settlement imposes permanent restrictions on processing payments for high-risk merchant categories and prohibits credit card laundering activities.

On September 30, the CFPB published a notice seeking comment on a proposed revision to its existing collection of credit card information under the Truth in Lending Act (TILA) and the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act).