Unfair, Deceptive Or Abusive Acts Or Practices Portfolio

The FTC and Washington state secured a record $225 million settlement from Amway and affiliated groups over allegations they misled recruits about earnings potential while pressuring them to buy products with little retail opportunity. The complaint reveals that over three-quarters of U.S. product volume was sold to IBOs themselves rather than retail customers, with fabricated sales reporting masking the recruitment-driven model. The settlement's injunctive provisions establish new standards for earnings cl

The Federal Trade Commission has issued a proposed enforcement policy statement targeting businesses that use consumer personal data to set individualized prices. While acknowledging it cannot prohibit all personalized pricing, the FTC warns that companies may violate federal law if they fail to clearly disclose their use of personal data in pricing decisions.

The FCC has announced sweeping revisions to TCPA opt-out rules that fundamentally change how businesses must handle consumer revocation requests. These new regulations distinguish between informational and marketing messages, allow businesses to designate exclusive opt-out mechanisms, and promise to significantly reduce frivolous litigation. Will these changes apply retroactively to existing cases, and how will they reshape the landscape of telemarketing compliance?

Congress is closer than ever to enacting a comprehensive federal framework for college athletics. The Protect College Sports Act of 2026 establishes uniform standards for NIL and eligibility issues while solidifying NCAA enforcement authority. With the Senate voting 74-24 to invoke cloture, the bipartisan legislation now moves toward a final vote, featuring provisions on revenue-sharing caps, agent restrictions, and antitrust immunity that will reshape the landscape of college sports.

This comprehensive newsletter covers recent federal and state consumer protection enforcement actions, including FTC settlements with payment processors, state attorney general lawsuits against tech companies, and advertising challenge decisions. The update examines regulatory developments such as the FTC's withdrawal of its 2021 health app breach policy statement and the launch of a new rule guidance program, while highlighting emerging enforcement priorities around AI-powered advertising, personalized

The Federal Trade Commission takes decisive action on multiple fronts, from scrutinizing healthcare mergers in Ohio to extending comment periods on personalized pricing policies. Meanwhile, a major payment processor faces millions in penalties for allegedly facilitating merchant fraud and deceptive telemarketing schemes.

A federal court has issued a nationwide injunction blocking the NCAA from enforcing its new five-year eligibility rule against Division I athletes who graduated high school in 2022. The ruling creates immediate compliance challenges for athletic departments as they navigate roster management, revenue-sharing caps, and potential penalties while the NCAA appeals the decision.

On July 8, the United States Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission's Negative Option Rule, also referred to as the...

State-law class actions targeting automatic renewal and subscription practices are accelerating, creating significant litigation risk for companies that rely on recurring revenue models. Recent settlements demonstrate that even technical compliance failures can lead to seven-figure exposure, with California, Illinois, and Virginia statutes driving the most aggressive litigation.

New York City has enacted the nation's first municipal click-to-cancel rule, requiring businesses to provide clear disclosures, simple cancellation processes, and advance renewal notices for subscription services. With approximately 30 states already implementing similar regulations and the federal landscape in flux following the FTC's vacated rule, companies now face an increasingly complex patchwork of compliance obligations. The rule takes effect October 1, 2026, and imposes penalties ranging from $525 t

The United Auto Workers Union strike against the Detroit Three automakers that began on September 15th continues with no immediate resolution in sight.

Louis Lehot is a legal professional at Foley & Lardner LLP, specializing in corporate and transactional matters. His practice focuses on advising clients across various business and legal challenges. Contact information and professional details are provided for those seeking his expertise.

"Greenwashing" is the term for a company's exaggerated, misleading, or unsupported claims about its environmental practices.

As U.S. utilities commit record capital to grid expansion, equipment procurement has emerged as a critical constraint. Lead times for transformers now stretch beyond two years, while material scarcity, inflation, and labor shortages compound delays across conductor, switchgear, and substation components.

Governor Greg Abbott has ordered the Texas Commission on Environmental Quality to immediately halt all environmental permits for data center projects, expanding a statewide regulatory freeze that now encompasses power, water, and environmental approvals. This directive establishes strict operational mandates requiring data centers to fully fund infrastructure costs, report all resource consumption...

Rosekind has served for the past four years as a member of the National Transportation Safety Board. Rosekind focused on accident investigations and human fatigue in his role at the NTSB.

The Department of Health and Human Services has issued a final rule that eliminates the Medicare Part D creditable coverage notice requirement for account-based group health plans, including ICHRAs, HRAs, FSAs, and HSAs. This regulatory change addresses longstanding administrative burdens and confusion caused by dual messaging requirements, marking a significant shift in how these benefit arrangements interact with Medicare Part D disclosure obligations.

The United Arab Emirates' departure from OPEC in April 2026 represents the most significant defection in the oil cartel's 66-year history. What drove this founding-era member to abandon nearly six decades of coordinated production policy, and how will this decision reshape global energy markets as the UAE pursues an independent production strategy unconstrained by quota limitations?

On February 19, 2026, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned a luxury timeshare resort near Puerto Vallarta connected to Cartel de Jalisco Nueva Generacion’s (CJNG).

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