United States: Consumer Law

Delaware recently updated its personal data privacy law with House Bill 380. The amendments go into effect January 1, 2027. Key modifications to the existing Delaware privacy law include the following...

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.

The FTC's enforcement actions against digital businesses reveal critical compliance gaps in how companies handle fees, subscriptions, and user representations. Drawing from settlements requiring tens of millions in penalties, this analysis examines five categories of problematic conduct and provides a framework for strengthening compliance programs to prevent unfair and deceptive practices.

State attorneys general across the nation continue to take significant enforcement actions addressing consumer protection violations, deceptive business practices, and federal regulatory overreach. Recent multistate coalitions have secured major settlements with subprime auto lenders and multi-level marketing companies while challenging federal policies that threaten state sovereignty and consumer rights.

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

Guardian Bikes faced scrutiny from the National Advertising Division over its "40% OFF" claims and countdown timers, raising questions about whether consumers might interpret everyday competitive pricing as temporary discounts. The case highlights growing regulatory attention to how companies communicate sales and limited-time offers, with implications for marketers using similar promotional tactics.

A federal court recently determined that a car dealership's seemingly innocuous text message asking "May I communicate with you via text?" could constitute illegal marketing under the TCPA when viewed in context. The ruling highlights how the purpose and context of a message—rather than its literal content—determines whether it violates telemarketing restrictions, particularly when messages serve a dual purpose of engaging consumers for potential sales.

Two federal courts have recently blocked state product-labeling laws in Texas and California, signaling increased judicial scrutiny of government-mandated disclosures under the First Amendment. These rulings challenge both compelled health warnings on food products and restrictions on recyclability claims, creating significant implications for consumer-packaged goods companies navigating conflicting state regulations.