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Bait, Switch, and Binge Watch: Florida Takes on Netflix
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September 18, 2026
Bait, Switch, and Binge Watch: Florida Takes on Netflix
By: Katie Kovalsky
On September 9, 2026, Florida Attorney General James Uthmeier sued Netflix alleging violations of the Florida Deceptive and Unfair Trade Practices Act and the Florida Digital Bill of Rights.[1] The basis of the allegation is that Netflix built its reputation and sold its monthly services on a false promise that it would let consumers avoid the surveillance associated with major tech companies and instead was “kid-friendly” and “ad-free.”[2] The suit accuses Netflix of breaking this promise by engaging in large scale surveillance and data collection, recording information such as what devices customers and their children use, where they are when they use them, and what content they watch, pause, rewind, search, skip, and abandon. [3] Netflix purportedly uses this data…
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FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
August 3, 2026
FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
By: Jordan Briggs
Recently, the Federal Trade Commission (“FTC”) announced it finalized a consent order with pest control company Rollins, Inc. that requires Rollins to stop enforcing its existing non-compete agreements with over 18,000 employees.[1] This consent order signals that although the FTC stopped pursuing an outright ban on employee non-compete agreements,[2] the agency is still poised to limit the anticompetitive effects of these non-competes. The Rollins Complaint…
Ready, Set, Go: More States Adopt Privacy Laws
July 15, 2026
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on July 15, 2026 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…
Criminal Background Checks? The FTC Knows There’s an App for That
January 24, 2013
Criminal Background Checks? The FTC Knows There’s an App for That
By: Ifrah Law
As we cautioned in a September post, the FTC is stepping up enforcement actions against mobile app developers for failure to comply with consumer protection principles. This month, the FTC took another major step in that direction with a groundbreaking settlement applying the Fair Credit Reporting Act (FCRA) to app developers Filquarian Publishing, LLC, Choice Level, LLC, and Joshua Linsk. The FCRA is a consumer…
NLRB: Use of Social Media Can Be Protected Employee Activity
January 21, 2013
NLRB: Use of Social Media Can Be Protected Employee Activity
By: Ifrah Law
The rise of social media has led to the application of old law to new forms of communication. For instance, an effort by the National Labor Relations Board to educate workers on their right to engage in protected concerted activity has left some employers feeling that the NLRB went too far in supporting employees’ rights – particularly their right to post disparaging work-related comments on…
Can ‘Disparate Impact’ Become the Basis for a Fair-Lending Claim?
December 31, 2012
Can ‘Disparate Impact’ Become the Basis for a Fair-Lending Claim?
By: Nicole Kardell
As part of its aggressive program to protect consumers in financial matters, the Consumer Protection Financial Bureau (CFPB) has announced that it is prepared to adopt a controversial “disparate impact” theory of liability against lenders. A case that the U.S. Supreme Court may accept would have a major impact on whether the CFPB is actually going to be able to do that. The “disparate impact”…
FTC Seeking Information From 9 Data Brokers in Industry Probe
December 20, 2012
FTC Seeking Information From 9 Data Brokers in Industry Probe
By: Ifrah Law
On December 18, 2012, the Federal Trade Commission issued orders requiring nine data brokerage companies to provide the agency with information on how they collect data from consumers and use it. The nine companies asked to provide this data to the FTC include Acxiom, Datalogix, Intellius and Peekyou. Data brokers are companies that collect personal information about consumers from a variety of sources, both public…
FCC Ruling Permits Confirmation Text Messages for ‘Opt-Out’ Customers
December 3, 2012
FCC Ruling Permits Confirmation Text Messages for ‘Opt-Out’ Customers
By: Michelle Cohen
The Federal Communications Commission recently ruled that companies may send a one-time text message confirming a consumer’s opt-out of texts without violating the Telephone Consumer Protection Act (“TCPA”), and potentially facing large class action lawsuits. This pro-business ruling represents a victory for SoundBite, the company that sought a declaratory ruling from the FCC, as well as for other businesses that use mobile texting to communicate…
