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ARTICLE · 10 SEPTEMBER 2026

Hidden Fees Under The Microscope: FTC Rulemaking, State Enforcement, And Emerging Litigation Risks For Pricing Disclosures

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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Federal and state regulators are intensifying scrutiny of hidden fees and junk fees in consumer transactions. This article examines the FTC's final Fees Rule, state-level enforcement actions, and emerging litigation risks, while providing guidance on compliance strategies for businesses navigating this evolving regulatory landscape.

United StatesConsumer Protection
Paul Singer
Paul Singer
Thomas F.  Rybarczyk
Thomas F. Rybarczyk
Andrea DeLorimier
Andrea DeLorimier

Partner and State Attorneys General practice chair Paul Singer, Partner Tom Rybarczyk, and Senior Associate Andrea deLorimier authored ​“Hidden Fees Under the Microscope: FTC Rulemaking, State Enforcement, and Emerging Litigation Risks for Pricing Disclosures,” for Orange County Lawyer. The article covers the FTC’s final Fees Rule, as well as updates on state legislation and enforcement actions related to hidden fees. The article also includes steps businesses should take to reduce risk in this changing compliance landscape.

“The era of hidden fees is drawing to a close—or at least, that is the message from federal and state regulators. In recent years, regulators have trained increasing attention on what they call ​“junk fees”: mandatory charges that are concealed, obscured, or disclosed only at the final stage of a transaction.”

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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