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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…
How to Sell E-cigarettes and Avoid an FTC Investigation
January 20, 2011
How to Sell E-cigarettes and Avoid an FTC Investigation
By: Ifrah Law
Customers are flocking to electronic cigarettes — battery-operated nicotine delivery devices that are meant to replicate the flavor and sensation of smoking a tobacco cigarette. While merchants and advertisers are understandably eager to participate in this growing industry, we predict that the FTC will be watching ads carefully in anticipation of enforcing its advertising rules. The FTC can regulate advertisements for any product, but it…
New Law Gives Enforcers Added Power Against Online Marketers
January 10, 2011
New Law Gives Enforcers Added Power Against Online Marketers
By: Ifrah Law
In the waning days of 2010, the lame-duck Congress passed, and President Obama signed, a law that is almost certainly going to have major effects on the affiliate marketing industry. The FTC is poised to begin enforcing the “Restore Online Shoppers’ Confidence Act,” which is intended to protect consumers from deceptive online sales tactics – but in doing so, imposes new requirements on the entire…
FTC Issues New Rule on Mortgage Scammers
January 10, 2011
FTC Issues New Rule on Mortgage Scammers
By: Ifrah Law
As the economic crisis continues for many homeowners, the Federal Trade Commission has taken actions to protect homeowners from mortgage relief scams. Most of the new requirements took effect on December 29, 2010, and all of the new requirements can be applied to affiliate marketers, who immediately need to be aware of the rule. The Mortgage Assistance Relief Services (MARS) Rule was approved by the…
Suit Against FTC Asks: Did Agency Change Advertising Rules in Middle of Game?
September 17, 2010
Suit Against FTC Asks: Did Agency Change Advertising Rules in Middle of Game?
By: Ifrah Law
Is there a way to hold a government agency like the Federal Trade Commission (FTC) accountable for the cost to businesses of what a company says are abrupt and systemic changes in regulatory standards? POM Wonderful LLC, a Los Angeles-based juice company, is trying to do just that by suing the FTC in District Court. The FTC is reportedly investigating POM for alleged false advertising…
In Rare Ruling, Court Permits Discovery Into Motives Behind FTC Subpoena
July 26, 2010
In Rare Ruling, Court Permits Discovery Into Motives Behind FTC Subpoena
By: Ifrah Law
When a U.S. magistrate judge in the District of Columbia issued his ruling in Federal Trade Commission v. Bisaro on July 13, 2010, permitting limited discovery of certain FTC officials regarding an agency subpoena, it had been more than three decades since the D.C. Circuit had found that “extraordinary circumstances” were present that warranted discovery in a subpoena enforcement action. Subpoena enforcement proceedings are typically…
