3/21/2026 10:42:26 PM FTC Calls for Comments on the Amended Negative Option Rule: A Fast VAST Update By Shahin Rothermel Ellen Berge Len Gordon The Federal Trade Commission (FTC) issued a call for comments in response to its Advance Notice of Proposed Rulemaking Regarding Negative...
3/16/2026 1:21:40 PM Fifth Circuit Limits TCPA Prior Express Written Consent Requirements By Shahin Rothermel Ellen Berge Jay Prapaisilp By Shahin O. Rothermel, Ellen T. Berge, Jay Prapaisilp & Michaela Bevan Last week, the Fifth Circuit Court of Appeals held that the...
2/20/2026 4:30:10 PM New York Broadens Attorney General Authority and Embraces Enforcement-Driven Regulation By Jonathan Pompan Ellen Berge Len Gordon Shahin Rothermel +1 more... Show less New York has amended its General Business Law to move beyond a deception-based consumer protection standard and authorize enforcement...
2/18/2026 8:12:40 PM State AGs Increase Scrutiny of Buy Now, Pay Later Providers Amid Consumer Protection Concerns By Ellen Berge By Ellen T. Berge & Margaret Ulle Last month, attorneys general from seven states launched a coordinated inquiry into the rapidly...
7/31/2025 7:22:02 PM Eighth Circuit Cancels FTC Negative Option Rule: What Does It Mean? By Ellen Berge Shahin Rothermel Len Gordon The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Rule Concerning Subscriptions and Other Negative...
3/25/2025 2:06:16 PM FTC Files Brief Defending “Click to Cancel” Negative Option Rule By Len Gordon Ellen Berge Shahin Rothermel Jay Prapaisilp +1 more... Show less Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend...
1/28/2025 7:27:08 PM FTC Issues Scaled-Back Final Fee Rule Targeting Live-Event Tickets and Short-Term Lodging By Len Gordon Ellen Berge Shahin Rothermel Jay Prapaisilp +1 more... Show less In December, the Federal Trade Commission (FTC) issued its long-awaited Final Rule on Unfair or Deceptive Fees. When the FTC released the...
10/29/2024 7:02:48 PM Business Groups Rush to File Federal Court Challenges to the FTC’s Negative Option “Click-to-Cancel” Rule By Len Gordon Ellen Berge Shahin Rothermel Jay Prapaisilp +1 more... Show less As we previewed last week, industry and trade groups wasted no time in filing challenges against the Federal Trade Commission’s (FTC)...