Attorney General William Tong of Connecticut led a bipartisan coalition of 30 state attorneys general in submitting comments to the Federal Trade Commission. The comments aim to improve collaboration between the FTC and state AGs to prevent and prosecute unfair and deceptive practices, addressing issues raised by the AMG Capital decision that may limit restitution. The coalition emphasizes the importance of joint efforts for national consumer protection.
In-house legal teams should review vendor, customer, and data processing agreements for clauses related to compliance with unfair or deceptive acts or practices (UDAP), restitution and remedy provisions, and obligations to cooperate with regulatory investigations. Specific attention should be paid to terms governing joint enforcement, cross-border matters, and the availability of state law remedies, as the coalition's comments highlight potential limitations on restitution following the AMG Capital decision. Agreements may need amendments to clarify cooperation protocols with both the FTC and state attorneys general, ensure alignment with the FTC Collaboration Act of 2021, and address the expanded use of state consumer protection laws in joint actions.
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https://portal.ct.gov/ag/press-releases/2023-press-releases/attorney-general-tong-leads-bipartisan-coalition-in-providing-comments-to-ftc
comment ltr to ftc sig merge 30 final.pdf?rev=c937e4fbeedf4b
https://portal.ct.gov/-/media/ag/press_releases/2023/comment-ltr-to-ftc-sig-merge-30-final.pdf?rev=c937e4fbeedf4baf89350c5d3e2c80be&hash=FFCE7DD7097F7E89D9FA803A840D8EA9
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
The FTC rescinded its 2021 Policy Statement on Breaches by Health Apps and Other Connected Devices, which had purported to apply the Health Breach Notification Rule to health apps and connected devices that collect consumer health information. The rescission follows the Commission's 2024 update to the Health Breach Notification Rule, which already covers health apps and connected devices like fitness trackers, and implements an executive order directing agencies to eliminate obsolete guidance documents. No company was charged or penalized; this is a deregulatory action.
The FTC announced it is seeking public comment on a proposed enforcement policy statement regarding personalized pricing, which is the use of personal data to set prices based on what a company believes an individual consumer is willing to spend. The statement warns that undisclosed collection or use of personal data for personalized pricing could violate the FTC Act's prohibition on unfair or deceptive practices. The Commission voted 2-0 to authorize the Federal Register notice.
The FTC issued a policy statement abandoning disparate-impact liability, stating it will no longer bring claims based on this theory. It also modified compliance obligations for several companies based on past decisions.
The FTC is seeking public comment on a proposed policy statement addressing concerns that AI companies may be manipulating AI system outputs contrary to consumer expectations for objectivity and accuracy. The statement explains that such conduct could be considered deceptive under Section 5 of the FTC Act. The public comment period runs until July 31, 2026.
The Federal Trade Commission (FTC) announced it submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) regarding online food delivery service fees to the Office of Management and Budget (OMB) for review on April 10, 2026. The ANPRM is classified as a 'significant regulatory action' under Executive Orders 12866 and 14215, requiring review by OIRA before public issuance. This press release does not describe an enforcement action against a private entity, nor any privacy-related violations or penalties.
On March 20, 2026, FTC Chairman Andrew N. Ferguson directed FTC staff to form a Healthcare Task Force to coordinate healthcare enforcement and advocacy efforts. The task force will focus on targeted enforcement initiatives, agencywide investigation strategies, amicus opportunities, and identifying emerging enforcement priorities. It will also seek partnerships with other federal agencies including HHS and DOJ to advance healthcare competition and consumer protection.