On June 2, 2026, Colorado Governor Jared Polis vetoed HB 26-1210, a bill that would have imposed requirements for use of “surveillance data” to set individualized prices for consumers or individualized wage setting for workers. The veto is yet another action in a trend of bills focused on regulating “surveillance” or “dynamic” pricing.
Continue Reading Colorado Governor Vetoes Overly Broad Algorithmic Pricing and Wage Setting BillCalifornia Court Issues a Preliminary Injunction Stopping Enforcement of SB 343, “Truth in Recycling”
On July 14, 2026, U.S. District Judge William Q. Hayes granted a motion for preliminary injunction barring California Attorney General Rob Bonta and the State of California from enforcing SB 343, California’s “Truth in Recycling” law, while the litigation proceeds. The order is significant not merely because it pauses a major labeling regime shortly before its October 2026 compliance date, but because the Court found that the challengers are likely to prevail on both of their core constitutional theories: that key provisions of SB 343 are unconstitutionally vague under the Fourteenth Amendment’s Due Process Clause, and that the statute impermissibly restricts commercial speech under the First Amendment.
Continue Reading California Court Issues a Preliminary Injunction Stopping Enforcement of SB 343, “Truth in Recycling”New Jersey Enacts Ban on Surveillance Pricing
By Lindsey Tonsager, Laura Kim, Jayne Ponder & Rosie Moss on
On July 23, 2026, New Jersey Governor Mikie Sherrill signed A4085 (the Fair Price Protection Act) into law, which prohibits companies from charging consumers different prices for groceries based on their personal data. New Jersey will join New York, Connecticut, and Maryland in imposing prohibitions and requirements on the use of personal data in determining pricing. Most provisions of the law will take effect on August 1, 2027.
Continue Reading New Jersey Enacts Ban on Surveillance PricingFTC Seeks Comment on Proposed Policy Statement Addressing AI Accuracy and Output Steering
By Laura Kim & Carter McCants on
Posted in Digital Marketing, FTC
On July 1, 2026, the Federal Trade Commission (“FTC”) issued a proposed policy statement addressing what it describes as the “suppression of accuracy” in artificial intelligence (“AI”) systems and is seeking public comment through July 31, 2026. The proposal was issued pursuant to Executive Order 14365, Ensuring a National…
Continue Reading FTC Seeks Comment on Proposed Policy Statement Addressing AI Accuracy and Output SteeringSupreme Court Holds FTC Removal Protections Unconstitutional
By Laura Kim, Andrew Smith, John Graubert, Terrell McSweeny, Jehan Patterson, Carter McCants & Munseong Park on
Posted in FTC
On June 29, 2026, in a 6-3 decision, the U.S. Supreme Court held that (1) the Federal Trade Commission’s (FTC) statutory “for‑cause” removal protection for Commissioners violates the Constitution’s separation of powers and (2) President Trump lawfully removed Rebecca Slaughter from the FTC. The Court concluded that because FTC Commissioners…
Continue Reading Supreme Court Holds FTC Removal Protections UnconstitutionalWashington Anti-Spam Law Decision Addresses Article III Standing in CEMA Cases
By Jehan Patterson & Irene Kim on
Posted in Digital Marketing, State AGs / States
A federal court recently addressed whether plaintiffs alleging misleading commercial email practices in violation of Washington’s Commercial Electronic Mail Act (“CEMA”) have Article III standing to pursue claims. The ruling suggests that alleged violations of CEMA, standing alone, could constitute a concrete injury for Article III standing, where the asserted…
Continue Reading Washington Anti-Spam Law Decision Addresses Article III Standing in CEMA CasesConnecticut Enacts Omnibus Privacy Law
By Lindsey Tonsager, Laura Kim, Bryan Ramirez & Clare Mathias on
On May 27, 2026, the Connecticut governor signed SB 4, an omnibus privacy law, which among other things, amends the Connecticut Data Privacy Act (“CTDPA”), establishes a data broker registry and accessible deletion mechanism, imposes restrictions on the use of price setting devices and surveillance pricing, and creates requirements…
Continue Reading Connecticut Enacts Omnibus Privacy LawFTC and DOJ Continue Focus on Consumer Reviews Rule with Complaint Against Premium Home Service
By Laura Kim, Andrew Siegel & Alexandra Remick on
Posted in FTC, State AGs / States
On May 11, 2026, the Department of Justice, acting on notification from the Federal Trade Commission, and the Illinois Attorney General, filed a complaint against “Premium Home Service” and its owner for alleged violations of Section 5 of the FTC Act, the Consumer Reviews Rule, and the Gramm-Leach-Bliley Act (GLB…
Continue Reading FTC and DOJ Continue Focus on Consumer Reviews Rule with Complaint Against Premium Home ServiceFTC Settles with Shutterstock Over Subscription Practices
By Laura Kim, Andrew Siegel & Carter McCants on
Posted in Autorenewals, FTC
On May 13, 2026, the Federal Trade Commission (“FTC”) announced that Shutterstock, Inc. had agreed to a $35 million settlement resolving allegations that the company engaged in unfair and deceptive subscription practices. The FTC asserted claims under Section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act…
Continue Reading FTC Settles with Shutterstock Over Subscription PracticesMaryland Enacts Law on Personalized Food Pricing
By Laura Kim, Lindsey Tonsager & Jayne Ponder on
Posted in Pricing & Fees, State AGs / States
On April 28, 2026, Maryland Governor Moore signed HB 895 (the Protection From Predatory Pricing Act) into law, which will impose limitations on the use of personalized pricing in the food retail and grocery delivery context. The law will go into effect on October 1, 2026. As we have detailed…
Continue Reading Maryland Enacts Law on Personalized Food Pricing