United States: Consumer Trading & Unfair Trading

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Consumer protection law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve consumer protection regulations and the developing law surrounding them from specialists working in this area.
Article
Hidden Fees Under The Microscope: FTC Rulemaking, State Enforcement, And Emerging Litigation Risks For Pricing Disclosures
Federal and state regulators are intensifying scrutiny of hidden fees and junk fees in consumer transactions. This article examines the FTC's final Fees Rule, state-level enforcement actions, and emerging litigation risks, while providing guidance on compliance strategies for businesses navigating this evolving regulatory landscape.
United States Consumer
KD
Kelley Drye & Warren LLP
Article
Seventh Circuit Revives Nationwide “Zero Sugar” Class Action, Holds Allulose Is A Sugar Under FDA Regulations
The Seventh Circuit's reversal in Franco v. Chobani has upended food manufacturers' reliance on FDA guidance regarding allulose labeling, creating a wave of class action litigation across the United States. Companies marketing products as "sugar free" despite containing allulose now face significant legal exposure as courts align with the FDA's regulatory definition rather than its enforcement discretion guidance.
United States Consumer
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
Kentucky Sues Nonprofit For Advertising About The Availability Of Abortion Pills
Kentucky's Attorney General has filed a lawsuit against reproductive health nonprofit Mayday Health, claiming the organization violated state law by advertising mail-order abortion pills through gas station displays and aerial banners. The case raises critical questions about state authority to regulate speech related to products that may be illegal under local law, while similar legal battles unfold in South Dakota involving constitutional challenges and preliminary injunctions.
United States Consumer
FK
Frankfurt Kurnit Klein & Selz
Article
State AG News: Antitrust, Consumer Protection, Food And Beverage (August 20–27, 2026)
State attorneys general from multiple jurisdictions have taken significant enforcement actions targeting anticompetitive practices in the pharmaceutical and real estate sectors, while also addressing consumer protection violations in subscription services and food labeling. These coordinated efforts demonstrate the growing role of state AGs in policing market competition and protecting consumers from deceptive business practices.
United States Anti-trust
CM
Crowell & Moring LLP
Podcast
When Consumer Protection Disclosures Work Too Well: New Podcast Explores The Distributional Costs Of Effective Consumer Regulation
What if better disclosure works differently for different consumers, and what if a disclosure that improves decision-making overall can actually worsen outcomes for financially vulnerable consumers? These provocative questions are explored through a discussion of groundbreaking research that challenges conventional assumptions about consumer protection regulation.
United States Consumer
BS
Ballard Spahr LLP
Article
Podcast - The FTC's Personalized Pricing Policy Statement
The Federal Trade Commission has proposed a new policy statement targeting personalized pricing practices that use consumer surveillance data. This episode explores the agency's disclosure-based enforcement framework and examines how businesses can distinguish between lawful dynamic pricing and potentially problematic individualized pricing algorithms before the September 2026 comment deadline.
United States Consumer
HK
Holland & Knight
Article
Against The Digital Tide: Increased Regulatory And Consumer Pressure To Protect Physical Games And Digital Ownership
State regulators are intensifying scrutiny of digital goods marketing practices, particularly whether consumers understand the difference between purchasing ownership rights versus acquiring limited licenses. As major game publishers shift away from physical media toward digital-only distribution, lawmakers in California, Maryland, New York, and other states are proposing legislation requiring clearer disclosures about what consumers actually receive when they click "buy."
United States Consumer
DW
Dickinson Wright PLLC
Article
NYC Council Announces Investigation Into Marketing By Prediction Market Platforms
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.
United States Media & IT
GA
Global Advertising Lawyers Alliance (GALA)
Article
NYC Council Announces Investigation Into Marketing By Prediction Market Platforms
New York City Council Speaker Julie Menin has launched an investigation into prediction market platforms, examining their marketing and advertising practices targeting city residents. The inquiry focuses on potentially deceptive tactics used by platforms like Kalshi, Polymarket, Coinbase, and Gemini Titan, with particular concern for marketing directed at young people and allegations of undisclosed influencer marketing.
United States Media & IT
FK
Frankfurt Kurnit Klein & Selz
Article
State Telemarketing Update: What To Know About Changes Coming In Pennsylvania
Pennsylvania's Senate Bill 992 introduces significant changes to the state's telemarketing regulations, including new definitions for ringless voicemail and robocalls, stricter consent requirements aligned with federal TCPA standards, and expanded call time restrictions. The legislation also establishes new prohibitions against deceptive practices and synthetic messaging technologies, with enforcement provisions that will reshape how businesses conduct telephone solicitations to Pennsylvania residents.
United States Consumer
KD
Kelley Drye & Warren LLP
Article
It's A Heated Rivalry
When does a superlative marketing claim cross the line from harmless puffery to an actionable advertising claim requiring substantiation? The National Advertising Division recently examined this question in a dispute between two athletic supply companies over hockey tape advertising that used the phrase "World's Highest Quality." The decision provides crucial guidance on how context transforms corporate pride into objective product claims.
United States Consumer
FK
Frankfurt Kurnit Klein & Selz
Article
Safeway’s Tempest Over Wine Discounts Survives Motion To Dismiss
Safeway faces allegations that its wine discount promotions created misleading illusions about price expiration dates, with plaintiffs claiming the retailer advertised temporary "Member Prices" that would end on specific dates but then continued substantially similar discounts indefinitely. The court found that reasonable consumers could plausibly interpret sale dates as genuine endpoints, allowing the case to proceed beyond initial pleadings.
United States Consumer
KD
Kelley Drye & Warren LLP
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