United States: Consumer Law

The Federal Trade Commission has proposed a groundbreaking policy statement that could fundamentally reshape how businesses use consumer data to set prices. The proposal identifies four specific practices that may violate Section 5 of the FTC Act, ranging from misrepresenting personalized pricing to obscuring the data used in pricing decisions. With implications extending from online retailers to brick-and-mortar stores, businesses must now evaluate whether their pricing practices align with the FTC's emerg

As our readers know, having a Do Not Call (“DNC”) policy in place can mitigate against potentially significant Telephone Consumer Protection Act (“TCPA”) liability. Not only is a DNC policy recommended, but it is required under the TCPA’s implementing regulations.

In an important new decision, last month, the Seventh Circuit ruled on the meaning of “telephone call” under the Telephone Consumer Protection Act’s (“TCPA’s”) private right of action for violations...

The Federal Trade Commission announced a major policy reversal on disparate-impact claims, stating it will no longer pursue such enforcement actions due to lack of statutory authority and constitutional concerns. The agency also took action against credit repair schemes targeting veterans and distributed millions in consumer refunds from a previous Grubhub settlement.

California's Privacy Protection Agency has launched its first enforcement actions under the Delete Act, targeting data brokers LocateSmarter and Cybba for failing to register with the state. These cases signal a new era of aggressive enforcement, with substantial fines and no grace period for compliance, while the agency simultaneously raises registration fees from $6,000 to $9,500 annually.

The Federal Trade Commission has issued a proposed enforcement policy statement targeting "surveillance pricing" practices, warning businesses that using consumers' personal data to set individualized prices without adequate disclosure may violate federal law. This development comes amid growing bipartisan congressional concern and new state legislation restricting personalized pricing...

State-law class actions targeting automatic renewal and subscription practices are accelerating, creating significant litigation risk for companies that rely on recurring revenue models. Recent settlements demonstrate that even technical compliance failures can lead to seven-figure exposure, with California, Illinois, and Virginia statutes driving the most aggressive litigation.

New York City Council Speaker Julie Menin has launched an investigation into prediction market platforms like Kalshi, Polymarket, Coinbase, and Gemini Titan, examining their marketing practices targeting New Yorkers. The probe focuses on allegations of false and deceptive advertising tactics, particularly those directed at young adults, including undisclosed influencer marketing and fictitious depictions of profitable wagers.

State attorneys general are increasingly coordinating multistate investigations and settlements targeting payment companies, creating a fragmented enforcement landscape where the same practices may attract scrutiny from multiple states applying different laws. Recent settlements with Block and PayPal demonstrate how states are imposing detailed operational obligations on payment platforms while also using coordinated policy initiatives to influence payment network policies on issues ranging from e-cigarette