The Federal Trade Commission is seeking public comment on an Advance Notice of Proposed Rulemaking to address unfair or deceptive rental housing fee practices, including hidden mandatory fees not disclosed in advertised rent. The proposed rule would require clear disclosure of total rent and all associated fees, and would allow the FTC to seek civil penalties for violations. Past FTC enforcement actions against Invitation Homes and Greystar Real Estate Partners resulted in $48 million and $24 million settlements, respectively, for deceptive rent advertising practices.
In-house legal teams at rental housing providers, property management companies, and related vendors should review lease agreements, advertising contracts, and service provider agreements to ensure compliance with potential FTC rules on rental fee transparency. Lease agreements must include clear, conspicuous disclosures of all mandatory fees (application, security deposit, monthly recurring fees) and the total rent including all charges. Advertising contracts should prohibit misleading rent advertisements that exclude mandatory fees, and clauses related to fee refundability, optionality, and recurrence should be updated to align with proposed disclosure requirements. Vendor agreements with property management software providers should ensure fee disclosure features comply with the anticipated rule.
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Real EstateOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2026/03/ftc-seeks-public-comment-proposed-rulemaking-regarding-unfair-or-deceptive-rental-housing-fee
FTC 2026 0266 0001
https://www.regulations.gov/document/FTC-2026-0266-0001
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"FTC Seeks Public Comment on a Proposed Rulemaking Regarding Unfair or Deceptive Rental Housing Fee Practices"
"March 12, 2026"
"Federal Trade Commission"
"Invitation Homes, the largest single-family home rental housing provider in the country"
"Unfair and deceptive rental housing fee practices violate federal law."
"violated the FTC Act by, among other things, excluding mandatory monthly fees from the advertised rent."
The FTC settled charges with data broker Kochava, Inc. and its subsidiary Collective Data Solutions (CDS) over allegations that they sold precise location data from hundreds of millions of mobile devices without consumer consent, enabling tracking of visits to sensitive locations like reproductive health clinics and places of worship. The settlement prohibits the companies from selling or sharing sensitive location data without affirmative express consumer consent, and imposes compliance requirements including a sensitive location data program, supplier consent assessments, incident reporting, and data retention schedules. No monetary penalty was imposed.
The FTC filed a complaint and obtained a temporary restraining order against six defendants operating a deceptive health care scheme that impersonated government and insurance carriers to sell fake comprehensive health plans. The defendants allegedly charged consumers without express informed consent, failed to disclose material terms including cancellation processes, and misled consumers into paying for inadequate coverage that left many with substantial medical debt. The FTC seeks refunds for affected consumers and alleges violations of the FTC Act, Telemarketing Sales Rule, Impersonation Rule, and Gramm-Leach-Bliley Act.
$140.0M
Following an FTC investigation, a federal court granted summary judgment against timeshare exit scheme operator Christopher Carroll, ordering him to pay $140 million total ($95 million in consumer redress, $45 million civil penalty) for defrauding consumers out of over $90 million. The scheme used deceptive direct mail and in-person pitches, falsely claimed affiliation with timeshare companies, failed to provide refunds, and violated the FTC’s Cooling-Off Rule by forcing consumers to sign non-cancellable contracts. Carroll is also permanently banned from marketing timeshare exit services or engaging in deceptive door-to-door sales.
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The FTC announced an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on a potential nationwide rule to address unfair or deceptive fee practices by online food and grocery delivery platforms. The ANPRM covers requirements for disclosing total prices, fees, variable charges, price differentials, and promotion terms. Past FTC enforcement actions against Instacart and Grubhub for deceptive fee practices are cited as evidence of ongoing issues in the industry.
$868K
The FTC announced three separate settlements with companies making false 'Made in USA' claims: TouchTunes (electronic dartboards, $625k consumer redress), Americana Liberty and related parties (flags and flagpoles, $167,743 redress), and Oak Street Bootmakers (footwear, $75k redress). The companies violated the FTC Act, Made in USA Labeling Rule, and for Americana Liberty, the Textile Act and Rules, by making unqualified origin claims for products with significant imported components or wholly imported from China. Each settlement prohibits future misrepresentations of U.S. origin and requires consumer notices.