As we look back at key privacy developments during 2025, one thing is clear: it was all about kids and teens. That trend seems likely to continue in 2026. The problem is, while there are very real concerns about the impact of online content and social media engagements on young people, legislative solutions – well-intentioned
Privacy
Countdown to COPPA Rule
The long-awaited updates to the Children’s Online Privacy Protection Act Rule (Final Rule) took effect on June 23, 2025, with a compliance deadline of April 22, 2026. With this fast-approaching compliance deadline, businesses should be actively working to update backend systems to meet the new requirements.
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State Kids’ Privacy Laws Proliferate Despite Legal Challenges
State legislatures have continued to enact privacy laws aimed at protecting kids and teens despite significant—and often successful—legal challenges that largely focus on First Amendment flaws. Some laws have recently gone into effect, or will become effective soon, while others are not slated to take effect until 2027. The Children’s Online Privacy Protection Act (COPPA)…
Trump Nominates New CPSC Commissioner
On October 2, 2025, after the federal government shut down, the Senate received President Trump’s nomination for a new commissioner at the Consumer Product Safety Commission (CPSC or Commission)—William “Billy” Hewes III, former mayor of Gulfport, Mississippi. This recent nomination came as a surprise, since for the last few months, it was not clear if…
Amazon to Pay Record $2.5 Billion to Settle FTC Claims of Deceptive Prime Membership Signup and Cancellation Practices
Businesses making negative option or auto-renewal subscription offers, beware: Federal Trade Commission (FTC or Commission) enforcement is alive and well in 2025. Although the U.S. Court of Appeals for the Eighth Circuit struck down the FTC’s much-criticized Biden-era “click to cancel” rule earlier this summer, on September 25, 2025 the FTC announced that Amazon.com, Inc.
UPDATE: Supreme Court to Revisit Humphrey’s Executor in December; Reinstatement of Former FTC Commissioner Slaughter Stayed Pending the Supreme Court’s Review
The latest development in the ongoing legal saga regarding the scope of presidential authority to fire officials at various independent federal agencies occurred on September 22, 2025, when the Supreme Court of the United States (SCOTUS or the Court) granted a stay of the reinstatement of Rebecca Slaughter, a former commissioner at the Federal Trade…
Google Settles Children’s Privacy Class Action Lawsuit; Disney Settles DOJ Lawsuit and Faces Class Action
Google and two Disney companies recently settled lawsuits alleging that the companies violated children’s privacy laws, once again demonstrating a heightened interest in protecting children online and putting content creators and channel owners on notice that they will be subject to strict liability for violations of federal and state privacy laws. On August 18, 2025…
SCOTUS Stays Federal Appeals Court Order Reinstating Fired FTC Commissioner; Fourth Circuit Oral Argument on CPSC Firings Tentatively Scheduled
On September 8, 2025, once again, the question of the President’s authority to terminate, without cause, commissioners of independent agencies, was examined in federal court and appealed to the Supreme Court, and once again, the Supreme Court of the United States (SCOTUS) overruled the court of appeals and granted a temporary stay of that court’s…
Supreme Court Stays Reinstatement of CPSC Democratic Commissioners
The U.S. Supreme Court gave a strong signal that it will likely overturn Humphrey’s Executor v. United States, a 90-year-old case which held that Congress may restrict the President’s authority to terminate officials at independent federal agencies without cause.
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KOSA is Back and Still Controversial
On May 14, 2025, the Kids Online Safety Act (KOSA), SB 1748, was reintroduced for the fourth time by original sponsor Marsha Blackburn (R-TN), joined by Senators Richard Blumenthal (D-CT), John Thune (R-SD), and Chuck Schumer (D-NY). First introduced in 2022, and then again in 2023 and 2024, KOSA imposes a duty of care on…