Eleventh Circuit Affirms FTC Injunction Requiring Express Informed Consent For Fees

On January 6, the U.S. Court of Appeals for the Eleventh Circuit largely affirmed an FTC enforcement action under Section 5 of the FTC Act, upholding summary judgment and a permanent injunction against a corporate payments provider. The FTC alleged that the company engaged in unfair or deceptive acts or practices (UDAP) in connection with fuel card products by misrepresenting discounts and card restrictions and by charging unauthorized add-on and late fees.

The FTC's case challenged advertising and billing practices related to fuel card programs, including claims about per-gallon savings, "fuel only" purchase limitations, and the absence of transaction fees. The district court granted summary judgment on all counts against the company and entered a permanent injunction requiring express informed consent for fees, prohibiting placement of material disclosures behind hyperlinks, and mandating that disclosures be unavoidable in digital interfaces.