While the Eighth Circuit struck down the Federal Trade Commission’s (FTC) Click-to-Cancel rule on July 8, 2025, businesses should recognize that the FTC, in addition to state Attorneys General, has various tools in its arsenal to address false, deceptive, or unfair practices, and negative option sales and auto-renewals are still regulated by states.
Read the
Last November, the Federal Trade Commission (FTC or Commission) published its final click-to-cancel rule (the Rule), which requires sellers to make it as easy for consumers to cancel their enrollment into a service or goods plan as it was to sign up. As we discussed previously, the Rule prohibits sellers from misrepresenting any material
A new year. A new administration in Washington. While protecting kids and teens is likely to remain an issue that drives legislation, litigation, and policy discussions in 2025, issuance of 1,000 Executive Orders on day one of the Trump Administration may result in new or changed priorities and some delay in the effective date of
As we recently reported, the Federal Trade Commission (FTC or Commission) finalized updates to the Children’s Online Privacy Protection Rule (COPPA Final Rule or Rule) on January 16, 2025, and the updates were due to take effect 60 days after publication in the Federal Register. However, an Executive Order issued by President Trump on
After a process that began back in 2019, the Federal Trade Commission (FTC or Commission) unanimously approved a revised Children’s Online Privacy Protection Act Rule (COPPA Rule or Rule) on January 16, 2025. The Rule was based on comments responding to the FTC’s Notice of Proposed Rulemaking (NPRM) issued January 11, 2024. This is
As widely predicted, on July 30, 2024, the Senate passed the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) in a bipartisan vote of 91-3. Echoing criticism from both civil liberties groups and industry, Senators Rand Paul (R-KY), Mike Lee (R-UT), and Ron Wyden (D-OR) voted no
On June 18, 2024, the California Attorney General (AG) and Los Angeles City Attorney jointly announced that video game developer and publisher Tilting Point Media LLC (Tilting Point) agreed to a $500,000 settlement for violations of the California Consumer Privacy Act (CCPA), Children’s Online Privacy Protection Act (COPPA), and California Unfair Competition Law (UCL) based
As we predicted in our assessment of U.S. advertising and privacy trends in February of this year, states have continued to adopt comprehensive privacy laws during their 2024 legislative sessions. To date, nineteen states (California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and
As expected, Congress’ renewed focus on expanding protections for minors online has resulted in legislative developments that attempt to mitigate harms while adhering to the Constitution’s free speech and preemption parameters. Last month, updates to both the Kids Online Safety Act (KOSA) and the Children’s Online Privacy Protection Act (COPPA) 2.0 bills were released
During 2023, legislative, congressional, and executive actions aimed at protecting children and teens online took center stage. Such actions included: legislative attempts to raise the age of a “child” at both the federal and state levels for advertising and privacy purposes; bans on behavioral advertising targeting minors; efforts to restrict access to social media by
