The FTC made a significant policy shift in August, announcing that it will no longer pursue claims under disparate-impact or “unfair discrimination” theories. The Commission concluded it lacks statutory authority to bring such claims and that doing so would be contrary to constitutional values. This story and more after the jump.
Friday, August 7, 2026
Consumer Protection | Office of the General Counsel | Bureau of Consumer Protection | Finance | Credit and Finance
- The FTC issued a policy statement announcing it will no longer pursue claims based on disparate-impact or “unfair discrimination” theories, concluding the Commission lacks statutory authority to bring such claims and that applying disparate-impact analysis—which presumes unlawful discrimination from differences in outcomes among demographic groups without evidence of discriminatory intent—is contrary to constitutional values. The FTC’s press release and statement note that “there are no apparent limits to the policy implications of applying disparate-impact analysis, because ‘almost any conceivable policy or practice affects different groups differently.” The policy follows President Trump’s executive order on “Restoring Equality of Opportunity and Meritocracy,” which directed federal agencies to eliminate disparate-impact liability to the maximum extent possible. Consistent with the new policy, the Commission modified existing compliance obligations. The Commission will continue to bring disparate-treatment claims under the Equal Credit Opportunity Act.
Monday, August 10, 2026
Bureau of Consumer Protection | Credit and Finance | Debt
- A federal court issued an order against a network of companies and their principals for allegedly misleading consumers and collecting payment as part of a fraudulent credit repair scheme. In its complaint, the FTC alleges that the companies and their principals targeted veterans using paid ads and misled vulnerable consumers. The FTC claims that defendants falsely promised to relieve consumers’ debts and impersonated debt collection entities and creditors. The complaint further alleges that defendants charged illegal upfront fees, charged consumers without their informed consent, and denied refund requests.
Wednesday, August 12, 2026
Consumer Protection | Advertising and Marketing | Food and Beverages
- The FTC announced that it is sending nearly $24 million to consumers affected by Grubhub’s alleged unlawful conduct. The consumer payments stem from a stipulated order entered in December 2024. The stipulated order prohibits Grubhub from misrepresenting the costs and fees consumers incur using its food delivery services as well as potential pay and earnings of its delivery workers. For any consumers’ accounts with available credit, including in the form of a gift card, Grubhub must notify and allow consumers to appeal any block or suspension of their accounts. Further, under the order Grubhub cannot market or offer goods or services from any vendor that has not agreed to offer its goods or services on its platform. Grubhub must also give at least annual notice of continued subscription and an option to cancel.