On June 2, 2026, Colorado Governor Jared Polis vetoed HB 26-1210, a bill that would have imposed requirements for use of “surveillance data” to set individualized prices for consumers or individualized wage setting for workers. The veto is yet
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California Court Issues a Preliminary Injunction Stopping Enforcement of SB 343, “Truth in Recycling”
On July 14, 2026, U.S. District Judge William Q. Hayes granted a motion for preliminary injunction barring California Attorney General Rob Bonta and the State of California from enforcing SB 343, California’s “Truth in Recycling” law, while the litigation…
New Jersey Enacts Ban on Surveillance Pricing
On July 23, 2026, New Jersey Governor Mikie Sherrill signed A4085 (the Fair Price Protection Act) into law, which prohibits companies from charging consumers different prices for groceries based on their personal data. New Jersey will join New York, Connecticut,…
FTC Seeks Comment on Proposed Policy Statement Addressing AI Accuracy and Output Steering
By Laura Kim & Carter McCants
On July 1, 2026, the Federal Trade Commission (“FTC”) issued a proposed policy statement addressing what it describes as the “suppression of accuracy” in artificial intelligence (“AI”) systems and is seeking public comment through July 31, 2026. The proposal was…
Supreme Court Holds FTC Removal Protections Unconstitutional
On June 29, 2026, in a 6-3 decision, the U.S. Supreme Court held that (1) the Federal Trade Commission’s (FTC) statutory “for‑cause” removal protection for Commissioners violates the Constitution’s separation of powers and (2) President Trump lawfully removed Rebecca Slaughter…
Washington Anti-Spam Law Decision Addresses Article III Standing in CEMA Cases
By Jehan Patterson & Irene Kim
A federal court recently addressed whether plaintiffs alleging misleading commercial email practices in violation of Washington’s Commercial Electronic Mail Act (“CEMA”) have Article III standing to pursue claims. The ruling suggests that alleged violations of CEMA, standing alone, could constitute…
Connecticut Enacts Omnibus Privacy Law
On May 27, 2026, the Connecticut governor signed SB 4, an omnibus privacy law, which among other things, amends the Connecticut Data Privacy Act (“CTDPA”), establishes a data broker registry and accessible deletion mechanism, imposes restrictions on the use…
FTC and DOJ Continue Focus on Consumer Reviews Rule with Complaint Against Premium Home Service
On May 11, 2026, the Department of Justice, acting on notification from the Federal Trade Commission, and the Illinois Attorney General, filed a complaint against “Premium Home Service” and its owner for alleged violations of Section 5 of the FTC…
FTC Settles with Shutterstock Over Subscription Practices
On May 13, 2026, the Federal Trade Commission (“FTC”) announced that Shutterstock, Inc. had agreed to a $35 million settlement resolving allegations that the company engaged in unfair and deceptive subscription practices. The FTC asserted claims under Section 5 of…
Maryland Enacts Law on Personalized Food Pricing
On April 28, 2026, Maryland Governor Moore signed HB 895 (the Protection From Predatory Pricing Act) into law, which will impose limitations on the use of personalized pricing in the food retail and grocery delivery context. The law will go…