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5.12.26
Consumer Protection Update: Insights into the First Year of the Trump-Vance FTC
In its first year under the Trump-Vance administration, the Federal Trade Commission (FTC) has aggressively enforced consumer protection and privacy laws and initiated new rulemakings. Although the new rulemaking activity is somewhat surprising in a Republican administration, the FTC has expressed its intent to conduct a more rigorous economic analysis of the effects of any new regulations. Based on the FTC’s activity over the past year, we have identified the issues below as top FTC priorities and provided takeaways for companies to help steer clear of regulatory scrutiny.
Alerts
1.09.26
2026 Year in Preview: Regulatory Consumer Protection Trends for Companies to Watch Out For
As we ring in the new year, we want to make you aware of key issues affecting consumers that we expect lawmakers and regulators to focus on over the next 12 months. Below are the top transatlantic consumer protection issues to watch out for in 2026:
Alerts
1.06.26
2026 Year in Preview: U.S. Data, Privacy, and Cybersecurity Predictions
As we ring in the new year, we want to make you aware of key issues that we expect lawmakers and regulators to focus on this year. Below are the top U.S. data, privacy, and cybersecurity issues to watch out for in 2026:
Alerts
11.07.25
What’s Happening at the FTC During the Government Shutdown?
The federal government has been shut down for over a month. We previously reported on implications for the Federal Trade Commission’s (FTC) antitrust work here. What does the shutdown mean for the FTC’s consumer protection, privacy, safety, and AI work?
Alerts
10.02.25
California Enacts Major AI Safety Legislation for Frontier AI Developers
On September 29, 2025, California Governor Gavin Newsom signed into law Senate Bill 53, the Transparency in Frontier AI Act (TFAIA), the first-of-its-kind AI legislation in the U.S. that will require large AI developers to publicly disclose how they plan to mitigate potentially “catastrophic risks” posed by advanced frontier AI models. The law builds on recommendations from the June 2025 report from the Joint California AI Policy Working Group and is a pared-back successor to last year’s unsuccessful Senate Bill 1047, which was vetoed amidst industry opposition. Most provisions of SB 53 will be effective starting January 1, 2026.
Alerts
10.17.24
Subscription and Auto-Renew Offerings Face New Hurdles: FTC Issues Broad “Click-to-Cancel” Rule Imposing Nationwide Requirements
Companies that automatically renew customers’ subscriptions or memberships, take note. On October 16, 2024, the Federal Trade Commission (FTC) announced sweeping amendments to the Negative Option Rule, which would apply to a host of subscription-based products and services that have an auto-renewal feature (i.e., a negative option offering), including those directed to businesses. The Rule includes specific and prescriptive requirements, such as requirements to 1) obtain consumers’ affirmative consent to an auto renewal feature “separate from any other portion of the transaction,” 2) present all material terms of the transaction “immediately adjacent to” the means of recording consumer consent, and 3) allow for simple cancellation in the same medium the consumer used to consent, noting that a chatbot cancellation method would not be acceptable unless the initial transaction was made through a chatbot. Violations of the Rule would be subject to $51,744 in civil penalties per violation.
Alerts
8.22.24
FTC Issues Final Rule Banning Fake and Misleading Consumer Reviews and Testimonials
On August 14, 2024, the Federal Trade Commission (FTC) issued a final rule that prohibits publishing or trading in fake or misleading consumer reviews and testimonials, or engaging in other related deceptive promotional tactics. Notably, under the FTC’s new rule, the commission will be authorized to seek civil penalties against violators.
Alerts
12.21.23
FTC Proposes Significant Changes to COPPA Rule
On December 20, 2023, the Federal Trade Commission (FTC) announced proposed changes to the Children’s Online Privacy Protection Rule (COPPA Rule) that would place significant new restrictions on companies that collect personal information from children under 13.
Alerts
7.06.23
What's in a Review? The FTC's Updated Endorsement Guides and Proposed New Rule on Consumer Reviews
In late June 2023, the Federal Trade Commission (FTC) announced revised Endorsement Guides to strengthen and clarify guidance for advertisers and address emerging market trends concerning the use of endorsements and testimonials in advertising. The FTC also announced a proposed rule banning fake reviews and testimonials.
Alerts
5.18.23
FTC Adopts New Policy Statement Warning About Misuses of Biometric Information
On May 18, 2023, the Federal Trade Commission (FTC) unanimously voted during its open meeting to adopt a new policy statement on biometric information and Section 5 of the FTC Act. In the statement, the FTC warns companies that it is committed to addressing deceptive and unfair practices involving the collection and use of biometric information, and deceptive marketing of biometric information technologies. The statement provides helpful insight into what the FTC will look at when evaluating whether companies are complying with Section 5.
Alerts
10.27.22
FTC Holds Event on Digital Marketing and Blurred Advertising’s Impact on Children
On October 19, 2022, the Federal Trade Commission (FTC) held a virtual event to explore the concept of “blurred” advertising in digital media and its impact on children. As the FTC is considering updates to rules related to both the Children’s Online Privacy Protection Act (COPPA) and advertising, Chair Lina Khan suggested that children are likely to be more susceptible to deceptive or harmful practices caused by blurred advertising because they may provide their personal information or unknowingly engage in commercial transactions. This event addressed a variety of topics but focused on three main areas: children’s cognitive abilities when processing advertising content, quantifying harm under the current legal and regulatory landscape, and possible solutions to address how children can more intelligently engage with blurred advertising content.
Alerts
5.20.22
FTC Votes Unanimously to Release New COPPA Policy Statement and Proposed Amendments to the Endorsement Guides
On May 19, 2022, at an open commission meeting, the Federal Trade Commission (FTC) voted unanimously to: 1) release a new policy statement on the Children's Online Privacy Protection Act (COPPA) indicating that the FTC will prioritize enforcement of COPPA's substantive provisions and closely scrutinize EdTech providers; and 2) publish a request for public comment on proposed amendments to the Endorsement Guides (the guides) that are intended to bring them in line with current advertising practices. This was the first open commission meeting for Commissioner Alvaro Bedoya, whose confirmation on May 11 broke the FTC's months-long 2-2 split along party lines.