Lawmakers and regulators at both the state and federal levels are increasingly focusing on consumer protection considerations relating to algorithmic pricing. On September 25, the Federal Trade Commission (“FTC”) closed the comment period on a proposed enforcement policy statement on personalized pricing. The proposed statement is the FTC’s preliminary view on whether personalized pricing practices could be deceptive or unfair, and on when the agency would expect an affirmative disclosure when personalized pricing is used. The FTC’s proposed policy statement drew more than 4,500 comments from a variety of perspectives, such as small businesses, food, and technology. Many commenters raised concerns about the statement’s current broad scope, including whether the FTC would distinguish between use cases involving personal data to provide individualized price increases on the one hand and discounts or other savings or promotions that lower prices for consumers on the other. Commenters also urged the agency to preserve loyalty programs and other long-standing practices in which companies provide tailored pricing to certain customer segments.
Continue Reading Algorithmic Pricing Laws: A Growing State Patchwork and What Businesses Should Know
New AI Transparency Requirements Enacted for Advertisers and Deployers
State legislatures have passed new laws focused on disclosing the use of AI in advertisements or depictions of individuals. On September 16, California Governor Gavin Newsom signed SB 1050, a new law requiring disclosures when certain advertisements prominently feature a “synthetic performer.” This was one of several AI-related measures
Continue Reading New AI Transparency Requirements Enacted for Advertisers and DeployersWashington Anti-Spam Law Decision Addresses Article III Standing in CEMA Cases
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 CasesDC AG Sues Multifamily Landlord Over Alleged Deceptive Rental Fee Advertising
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 AdvertisingColorado Officials Push to Repeal and Replace the Colorado AI Act
On March 17, Colorado Governor Jared Polis released a draft bill that would substantially overhaul the Colorado AI Act, replacing its core requirements with a narrower regime focused on disclosure, recordkeeping, and consumer notice requirements for “automated decision-making technology” (“ADMT”). The proposal, which is still in draft form and
Continue Reading Colorado Officials Push to Repeal and Replace the Colorado AI Act