The scope of ongoing enforcement remains fluid. State regulators continue developing their own fee-disclosure standards, and the full universe of companies targeted by mass arbitrations has not been publicly identified. The FTC's enforcement posture under current leadership has not shifted materially from prior administrations, though the agency's specific litigation priorities for 2026 are still emerging.
In-house counsel should audit pricing disclosures now against the FTC rule's requirements and state equivalents, particularly for ticketing and lodging operations. Companies face dual exposure: regulatory penalties and class-action liability under state consumer-protection statutes. Arbitration clauses may not shield defendants from coordinated mass filings. Compliance should prioritize displaying total price—including all calculable mandatory charges—before consumers reach checkout.