Ad Law Insights - Legal and Regulatory Updates
FTC + state attorneys general digital marketing compliance, investigation + enforcement advocacy by FTC lawyer to Internet business community
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On August 19, 2026, the Federal Trade Commission announced it is seeking public comment on an enforcement policy statement regarding personalized pricing, which is the use of personal data to set prices according to the amount that a company believes an individual consumer is willing to spend.
“When consumers see a listed price, they expect it to be same price that everyone else sees, not the retailer’s estimate of how much they are willing to pay based on their personal data,” said Chairman Andrew Ferguson. “The FTC does not have the legal authority to ban personalized pricing in all circumstances, but businesses that fail to tell consumers how their personal data is being used to set a price may be in violation of the FTC Act and other laws we enforce. We are seeking public input on this draft statement, which would put businesses engaged in or considering personalized pricing on notice that the Trump-Vance FTC will not hesitate to enforce the law in this space.”
According to an FTC CID attorney, this is the latest in a series of actions by the Commission, under President Donald Trump’s leadership, against businesses that mislead consumers with hidden fees and surprise charges.
Consumers expect prices for products and services to change based upon supply and demand, not their web surfing habits or buying history, the statement notes. Retailers that represent or imply that a price is static when it in fact varies by individual are at risk of misleading customers.
On July 2, 2026, the Federal Trade Commission announced that the companies that operate the Hopper travel apps have agreed to pay $35 million and will be prohibited from purportedly deceiving consumers about fees to settle the Federal Trade Commission’s allegations that they unfairly charged consumers hidden fees and misrepresented the total prices consumers would pay and the benefits of the companies’ VIP Support and Price Freeze services.
The FTC’s complaint alleges that despite its “no hidden fees” promises, Canadian company Hopper Inc. and its subsidiary Hopper (USA) Inc., unfairly charged users without their consent for “Tip” and VIP Support fees that the company claimed were optional yet were hidden and pre-selected for consumers.
“Hopper deceived consumers by showing them a total price that did not include hidden, pre-selected fees,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The Commission will continue to use all available tools to promote price transparency and to combat unfair and deceptive pricing, billing and cancellation practices.”
Hopper allows consumers to search and book airfares, lodging and rental cars primarily through its apps. Until mid-2023, when consumers were ready to purchase their booking, they saw a screen with the “total price” and a Swipe to Book button that allegedly failed to adequately disclose that the company would add charges for Tip and VIP Support fees, according to the complaint. These “optional” fees were pre-selected and hidden on an app screen that only appeared if the consumer scrolled down,
The Federal Trade Commission is seeking public comment on a petition from X Corp., formerly known as Twitter, to set aside or modify its 2022 settlement order with the agency.
According to the federal regulatory agency, in its petition to the FTC, X Corp. cited several reasons why it believes that the order should either be set aside or modified so that it terminates at the end of 2026. The petition argues:
- The order was imposed on a company that no longer exists, that every individual responsible for the underlying failures has left the company and that X Corp. has since built a world-class privacy and data-protection program;
- The order no longer serves any valid regulatory purpose, imposing millions of dollars in needless costs to address obligations and protections already required by domestic and international privacy regimes and industry-recognized frameworks that X Corp. follows;
- Setting aside the order safeguards First Amendment values; and
- Setting aside or modifying the order is critical to advancing American leadership in artificial intelligence.
The public will have 30 days, until July 2, 2026, to submit comments on the petition.
Richard B. Newman is a social media lawyer at Hinch Newman LLP.
Informational purposes only. Not legal advice. This article is not intended to and should not be construed as legal advice. May be considered attorney advertising.
On May 19, 2026, the Federal Trade Commission announced that at its request, a federal judge ordered a payment processing company, and its operators to pay $6.5 million in sanctions for allegedly violating a 2015 federal court order designed to prevent the company from enabling consumer fraud. On May 13, 2026, the U.S. District Court in Nevada entered the order finding that the payment processor, along with executives in civil contempt for multiple alleged violations of the 2015 order. The court determined the defendants violated multiple core provisions of the 2015 federal court order by allegedly facilitating fraud on behalf of several scammers.
“It is a Commission priority to root out fraud in the payments system,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “I am pleased the court held [the payment processor], [and the executives] accountable for violating the requirements of the order they agreed to in 2015. As the court concluded, [the payment processor] and its executives assisted and facilitated scammers in avoiding fraud and risk monitoring programs and failed to conduct the 2015 order’s required underwriting. The court’s order should send a strong signal that the Commission will enforce its orders and continue to prioritize rooting out fraud from the American payment system.”
The court found the defendants unlawfully processed hundreds of millions of dollars in transactions for merchants that were on Mastercard’s Member Alert To Control High-risk merchants (MATCH) list.
The court also concluded the defendants:
- Assisted and facilitated two groups of merchants in avoiding fraud and risk monitoring programs,
In 2026, the Center for Industry Self-Regulations launched the Institute for Responsible Influence. The aim of the agency is to offer an interactive certification program designed “to elevate transparency, strengthen accountability, empower creators, and foster trusted brand partnerships within creator marketing.”
The Institute trains training influencers and offers resources to assist with complying with the FTC’s Endorsement Guides and Review Rule, and other advertising legal regulations, including a certification program. The Institute shall offers a database of certified influencers for brands.
Enrollment and training have begun.
Those that complete the program receive the Institute for Responsible Influence Certification Seal and are subject to ongoing monitoring. They are also included in a searchable database so that brands can connect.
Brands and influencers with questions may contact the author to discuss the certification program.
Richard B. Newman is an FTC advertising practices attorney at Hinch Newman LLP.
Informational purposes only. Not legal advice. This article is not intended to and should not be construed as legal advice. May be considered attorney advertising.
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About This Blog and Hinch Newman’s Advertising + Marketing Practice
Hinch Newman LLP’s advertising and marketing practice includes two decades successfully resolving some of the highest-profile Federal Trade Commission (FTC) and state attorneys general digital advertising and telemarketing investigations and enforcement actions. As FTC attorneys, the firm possesses superior FTC compliance knowledge and more than 20 years of FTC defense advocacy experience in the areas of advertising, marketing, lead generation, promotions, e-commerce, privacy and intellectual property law. It has also been selected to author the Consumer Protection Section of the prestigious American Lawyer Media International Federal Trade Commission: Law, Practice and Procedure Treatise, a comprehensive resource for developments of concern to advertisers, marketers and legal professionals that practice before the Commission. Through these advertising and marketing law updates, Hinch Newman LLP provides commentary, news and analysis on issues and trends concerning developments of interest to digital marketers, including FTC and state attorneys general advertising compliance, civil investigative demands (CIDs), and administrative/ judicial process.