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 & Natalie Maas 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 PricingDC AG Sues Multifamily Landlord Over Alleged Deceptive Rental Fee Advertising
By Jehan Patterson, Lucille Bartholomew & Irene Kim on
Posted in Pricing & Fees, State AGs / States
On April 27, 2026, District of Columbia Attorney General Brian L. Schwalb filed a complaint against Mid‑America Apartment Communities, Inc., and its subsidiaries (collectively, “MAA”) alleging that the landlord charged illegal fees and misled prospective tenants about the true cost of rent. This action is the latest example of state…
Continue Reading DC AG Sues Multifamily Landlord Over Alleged Deceptive Rental Fee AdvertisingFTC Sweep on “Made in the USA” Claims
By Laura Kim, Jehan Patterson, Ryan Miller & Munseong Park on
On April 14, 2026, the FTC announced three settlements and issued closing letters to two additional companies concerning “Made in America,” “Made in the USA,” and similar U.S.‑origin claims (collectively, “MUSA claims”). These actions reflect the FTC’s continued focus on MUSA claims and, more broadly, the Trump administration’s focus on…
Continue Reading FTC Sweep on “Made in the USA” ClaimsFTC Seeks Comment by May 18 on Food Delivery Pricing and Fees
By Laura Kim, Alexandra Remick & Carter McCants on
Posted in FTC, Pricing & Fees
On April 14, 2026, the Federal Trade Commission (“FTC” or “Commission”) announced an Advanced Notice of Proposed Rulemaking (“ANPRM”) seeking public comment on whether a new rule is needed to address fee practices by online food and grocery delivery platforms that may obscure total pricing or impede consumers’ ability to…
Continue Reading FTC Seeks Comment by May 18 on Food Delivery Pricing and FeesIndustry Coalition Challenges California’s Truth in Recycling Law SB 343 on Constitutional Grounds
By Laura Kim, Alexandra Remick & Taylor Kay on
A coalition of 21 trade associations and commodity groups has filed a complaint seeking to enjoin enforcement of portions of California’s SB 343, also known as the “Truth in Recycling” law, which sets restrictions on how manufacturers and sellers can communicate recyclability information in California. Among other things, the statute…
Continue Reading Industry Coalition Challenges California’s Truth in Recycling Law SB 343 on Constitutional Grounds