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47 Results

David B. Schwartz
Insights
Aug 26, 2026

Second Sweep: FTC Eyes Surveillance Pricing, Again

On August 19, 2026, the FTC proposed an Enforcement Policy Statement Regarding Personalized Pricing (the “Proposed Statement”). This Proposed Statement builds on—but does not reference—the FTC’s past…
Insights
Jul 20, 2026

Ctrl + Alt + Deceive? FTC Proposes Policy On AI Accuracy Suppression

The FTC has published a proposed policy statement on artificial intelligence accuracy, focusing on politically motivated steering or suppression. Rather than outright prohibiting conduct, the…
Insights
May 06, 2026

Maryland Gets Crabby with Surveillance Pricing

Maryland recently passed the Protection from Predatory Pricing Act, becoming the first state to ban “surveillance pricing,” or the use of personal data to set consumer-specific prices, in the food…
Insights
Mar 23, 2026

“I’m Not Dead Yet”: Is the Demise of the FTC’s Click-to-Cancel Exaggerated?

The Federal Trade Commission’s 2024 amendments to the Negative Option Rule (commonly called “Click-to-Cancel”) may have been vacated by the Eighth Circuit for failing to comply with required…
Insights
Feb 04, 2026

FTC Chairman Issues Warning Letters Relating to Diversity Initiatives to Law Firms Which Have Implications to Corporate Employers as Well

Summary: On Friday, January 30, 2026, Andrew Ferguson, the Chairman of the Federal Trade Commission (FTC), sent warning letters to over 40 law firms about their purported involvement in the Mansfield…
Insights
Jan 30, 2026

Seal the Valve, But Not the Deal: Court Blocks Edwards Lifesciences’ Pre Commercial Merger

A recent federal district court decision in FTC v. Edwards Lifesciences adds another win to U.S. enforcers’ efforts to apply traditional antitrust principles to mergers involving early‑stage or…
Insights
Dec 16, 2025

Rent Now, Pay Later? FTC Warns Property Management Software Companies to Make Sure Their Advertised Prices Are Accurate

The Federal Trade Commission (FTC) has issued warning letters to thirteen property management software providers notifying them that their pricing practices may violate consumer protection and…
Insights
Oct 24, 2025

Is the Price Right? New York and California Escalate Legal Pressure on Pricing Algorithms

In recent weeks, there have been significant developments in the legal landscape of pricing and pricing algorithm laws in New York and California. In light of the quickly changing law on pricing,…
Insights
Sep 30, 2025

Blocking Their Own Shot: FTC’s Recent Arguments Could Impact If and How FTC Investigations Are Conducted

In Media Matters v. Federal Trade Commission, the Federal Trade Commission (FTC) suggested that issues surrounding the scope, validity, and enforceability of a civil investigative demand (CID) should…
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