Worldwide: 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...

As government scrutiny of AI-powered pricing intensifies, companies face critical questions about how their algorithms use consumer data. A major airline's recent congressional inquiry reveals the essential difference between lawful dynamic pricing based on aggregate demand and potentially problematic surveillance pricing that tracks individual consumers, demonstrating why businesses must document their pricing systems before regulators come calling.

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.

A Florida court examines whether a patient's alleged revocation of consent can override an established business relationship defense under the Florida Telephone Solicitation Act.

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.