For years, retailers have used data to understand what consumers want, when they want it, and how much they may be willing to pay. As artificial intelligence and increasingly sophisticated pricing tools make it possible to tailor prices at the individual level, the Federal Trade Commission (FTC) is signaling that the line between legitimate pricing
On May 12, 2025, the Federal Trade Commission’s Rule on Unfair or Deceptive Fees took effect, thereby thrusting the United States’ primary regulator of unfair or deceptive practices once more into the spotlight. But the spotlight given to the FTC rule, which only applies to the short-term lodging and live-event ticketing industries, has obscured the
As FTC Chair Andrew Ferguson establishes his enforcement priorities, his positions on data categorization and surveillance pricing reveal a consistent philosophy that balances privacy protection with innovation. This is the third post in our series on what to expect from the FTC under Ferguson as chair.
Our previous posts examined Ferguson’s broad regulatory philosophy of
While Andrew Ferguson advocates for a restrained regulatory approach at the FTC, his statements and voting record reveal clear priority areas where businesses can expect continued vigorous enforcement. Two areas stand out in particular: children’s privacy and location data. This is the second post in our series on what to expect from the FTC under
Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy enforcement. Ferguson’s public statements, concurrences, and dissents provide valuable insight into his regulatory philosophy and what companies can expect
The final text of the amended Negative Option Rule, featuring the new “Click to Cancel” program, goes into effect this week on Wednesday, January 15, 2025, and should become enforceable approximately four months later on Wednesday, May 14, 2025. The FTC believes that this rule will help the FTC get money back
In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory concerns about Meta’s vast data collection and surveillance-based advertising system that tracks consumers across websites. The concept introduced a
In the middle of the 20th century, there was a massive expansion of the retail credit market. Everything from boats to sewing machines to kitchen appliances were bought and sold through increasingly complex credit arrangements. These credit arrangements would extinguish a consumer’s rights to dispute any terms of the contract once a loan was
A previous installment discussed the centrality of network topology to an organization’s data security and outlined the legal framework and obligations incumbent upon many organizations in the U.S. The first installment can be found here. The second and final part of this series will discuss strategies for optimizing network topology and data security, focusing
The government’s announcement of renewed emphasis on cybersecurity enforcement has spawned recent million-dollar enforcement actions. Continued government attention on cybersecurity promises a treacherous enforcement environment in 2023 and beyond.
Several recent government initiatives have focused on cybersecurity enforcement. Towards the end of 2021, the Department of Justice announced a Civil Cyber-Fraud Initiative to use the
Until now, companies primarily regulated by the Federal Trade Commission (FTC) were given only vague directives to implement systems sufficient to safeguard customer data, coupled with FTC “recommendations” as to best practices. That is about to change with the FTC’s finalization of its proposed amendments to the Standards for Safeguarding Customer Information (Safeguards Rule) on