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FTC Enforcement

FTC Enforcement

Tracking FTC, DOJ, and state-AG antitrust enforcement - merger reviews, deceptive-practices actions, monopolization cases, and the regulators' shifting priorities.

6 entries in Tech Counsel Tracker

LawSnap Briefing Updated September 29, 2026

State of play.

Where things stand.

  • ROSCA/subscription enrollment standard is hardening through both enforcement and litigation. The Genesis Tech asset freeze remains the largest ROSCA action to date; the Hims & Hers complaint extends the theory to telehealth billing — charging before any provider consultation occurred; Judge Tigar's Uber ruling holds pre-stored credentials cannot substitute for fresh affirmative consent (→ FTC, Utah, and California Sue Hims & Hers Over Health Data and Billing Practices, FTC, Utah, and California Sue Hims & Hers Over Health Data Sharing).
  • Health-data sharing with ad platforms is now a primary FTC enforcement vector. The Hims & Hers complaint alleges disclosure of sensitive health information and customer lists to Meta and Snap through embedded tracking technologies — a theory that extends to any digital health company using pixel-based advertising infrastructure (→ FTC, Utah, and California Sue Hims & Hers Over Health Data and Billing Practices, FTC, California, and Utah Sue Hims & Hers Over Health Data and Billing Practices).
  • State AG coalitions are blocking transactions that federal regulators cleared. The 12-state coalition challenging the Paramount/Warner Bros. Discovery merger directly contradicts DOJ's June 2026 clearance and seeks a temporary restraining order against a September 30 close deadline — with a $650 million quarterly ticking fee at stake (→ 12 State AGs Sue to Block $110B Paramount-Warner Bros. Discovery Merger, Twelve Blue States Sue to Block Paramount-Warner Bros. Discovery Merger After DOJ Clearance, 12 State AGs File Antitrust Lawsuit to Block $110B Paramount-Warner Bros. Merger).
  • FTC independence has been eliminated as a structural safeguard. Trump v. Slaughter permits at-will presidential removal of commissioners; the EDPB has formally requested that the European Commission reassess the DPF adequacy decision that relied on FTC independence as a data-subject protection (→ FTC independence ruling raises fresh questions over EU-U.S. data privacy deal).
  • FTC is asserting federal preemption over state AI laws through a proposed AI accuracy policy statement. Chairman Ferguson's proposed statement frames AI output manipulation as a Section 5 violation and argues it preempts state AI regulations including Colorado's SB24-205; the federal-state AI preemption conflict is now a live compliance problem for AI companies operating across jurisdictions (→ FTC Seeks Public Comment on AI Policy Statement Curbing Ideological Manipulation).
  • DEI coordination remains an active antitrust enforcement vector. The Diversity Lab closure following FTC warning letters to 42 law firms frames shared demographic hiring targets and competitor information-sharing as potential Sherman Act Section 1 violations — a theory the agency has signaled it will extend beyond the legal industry .
  • Live Nation/Ticketmaster verdict has moved to the remedies phase. The 33-state coalition secured a jury finding of unlawful monopolization; DOJ settled mid-trial for $280M plus fee caps and divestiture of 13 amphitheater contracts; Judge Subramanian is overseeing structural remedies that could include forced Ticketmaster divestiture .
  • Algorithmic pricing is under simultaneous federal and state scrutiny. The DOJ-RealPage settlement prohibits use of competitors' nonpublic data for price recommendations and imposes a court monitor; surveillance pricing investigations are expanding into retail, grocery, hotel, and hospitality .
  • Data minimization and breach-notification obligations are binding consent-order terms for edtech. The Illuminate Education final order requires data deletion, a public retention schedule, and a comprehensive security program — imposing pre-breach data governance obligations that go beyond breach response .
  • TAKE IT DOWN Act enforcement is live. Covered platforms must assign request IDs, notify users of removal decisions, and implement hashing tools for nonconsensual intimate imagery and AI-generated deepfakes; specific penalty thresholds remain partially opaque .
  • HSR filing regime has reverted to pre-2025 requirements. The Fifth Circuit vacated the FTC's 2024 HSR overhaul; the size-of-transaction threshold is $133.9M under the prior lighter form .

Latest developments.

Active questions and open splits.

  • Can state AG coalitions block transactions after federal clearance? The Paramount/Warner Bros. suit is the sharpest test yet — DOJ cleared the deal, but 12 states are seeking a TRO against a hard September 30 close deadline. Whether the court grants preliminary injunctive relief will define the operational risk of state coalition challenges for every large transaction going forward (→ 12 State AGs Sue to Block $110B Paramount-Warner Bros. Discovery Merger, Twelve Blue States Sue to Block Paramount-Warner Bros. Discovery Merger After DOJ Clearance, 12 State AGs File Antitrust Lawsuit to Block $110B Paramount-Warner Bros. Merger).
  • Health-data pixel tracking as FTC Act and ROSCA violation. The Hims & Hers complaint alleges that embedding ad-platform tracking technologies on a health website — without adequate disclosure — constitutes deceptive practice. No court has yet ruled on this theory; the case will produce the first substantive judicial treatment of pixel-based health-data sharing as a federal consumer protection violation (→ FTC, Utah, and California Sue Hims & Hers Over Health Data and Billing Practices, FTC, Utah, and California Sue Hims & Hers Over Health Data Sharing).
  • DPF adequacy after Trump v. Slaughter: formal reassessment or political resolution? The EDPB has requested Commission action, but no court has challenged the DPF's validity and transfers remain lawful. Whether the Commission initiates a formal adequacy review — and on what timeline — is unresolved; the answer determines whether thousands of companies need to activate SCCs or other fallback mechanisms (→ FTC independence ruling raises fresh questions over EU-U.S. data privacy deal).
  • FTC AI accuracy preemption: does the proposed policy statement survive the Great American AI Act? The FTC's proposed framework asserts federal preemption of state AI laws; Congress is simultaneously considering a three-year freeze on new state AI development rules with an undefined consumer-protection carve-out. Whether the FTC's enforcement position survives, and how broadly the federal freeze applies, are both unsettled (→ FTC Seeks Public Comment on AI Policy Statement Curbing Ideological Manipulation).
  • DEI coordination as antitrust collusion — how far does the theory travel? The Mansfield Certification theory has no appellate precedent; whether it survives challenge and whether the agency extends it to healthcare, finance, and tech DEI consortia remains the most consequential open structural question in the current enforcement cycle .
  • ROSCA offshore-entity enforcement and individual liability. The Genesis Tech preliminary injunction froze assets held through shell companies; whether the order reaches offshore assets and whether individual liability attaches to the eight named defendants will define the practical limits of ROSCA enforcement against internationally structured operations .
  • Structural remedies for Live Nation. Whether the state coalition pursues Ticketmaster divestiture or accepts behavioral remedies — and Judge Subramanian's response — defines the vertical-integration risk template for other concentrated industries .

What to watch.

  • Preliminary injunction proceedings in the Paramount/Warner Bros. state AG suit — whether the court grants a TRO before the September 30 close deadline will immediately reshape the risk calculus for every large media and cross-sector transaction with pending federal clearance.
  • European Commission response to the EDPB's DPF reassessment request — any formal adequacy review initiation triggers immediate contingency-planning obligations for DPF-reliant multinationals.
  • FTC finalization of the AI accuracy policy statement following the July 31 comment period — the final text will clarify the preemption scope and enforcement mechanism against state AI laws.
  • Hims & Hers early motions practice — whether the court sustains the pixel-tracking theory as a cognizable FTC Act violation will determine how broadly the health-data advertising enforcement theory travels to other digital health and DTC pharma companies.
  • FTC enforcement actions against law firms that received Mansfield Certification warning letters — whether the agency pursues settlements with conduct restrictions or files complaints will clarify the operational scope of the DEI-as-collusion theory.
  • Live Nation remedies phase — whether the state coalition moves for structural relief (Ticketmaster divestiture) or accepts behavioral remedies, and Judge Subramanian's response.

6 Contributing Entries

FTC, Utah, and California Sue Hims & Hers Over Health Data and Billing Practices

The FTC, joined by Utah and California, sued telehealth company Hims & Hers Health, Inc. on July 29, 2026, in U.S. District Court for the Northern District of California. The complaint alleges that Hims shared consumers' sensitive health information with third-party ad platforms including Meta and Snap despite privacy commitments, and that it charged customers for prescriptions immediately after intake forms were completed—before any provider consultation occurred. The agencies also claim Hims misled customers about billing, subscriptions, and cancellation procedures. The FTC alleges violations of the FTC Act and the Restore Online Shoppers' Confidence Act (ROSCA), while Utah and California assert violations of state consumer protection and false-advertising statutes.

FTC independence ruling raises fresh questions over EU-U.S. data privacy deal

On June 29, 2026, the U.S. Supreme Court held in Trump v. Slaughter that the president may remove Federal Trade Commission commissioners at will, eliminating the statutory protections that had shielded agency leadership from political pressure for decades. The ruling does not automatically void the EU-U.S. Data Privacy Framework, the transatlantic mechanism that permits companies to transfer personal data from Europe to the United States. But it has destabilized the legal foundation on which the European Commission built its 2023 adequacy decision—a determination that explicitly relied on FTC independence as a safeguard for European data subjects.

FTC, California, and Utah Sue Hims & Hers Over Health Data and Billing Practices

The Federal Trade Commission, joined by California and Utah, has sued telehealth company Hims & Hers Health, Inc. in U.S. District Court for the Northern District of California, alleging that the company shared sensitive health data with advertising platforms including Meta and Snap while marketing itself as private and discreet. The complaint also charges Hims with deceptive subscription practices, including charging customers immediately after intake forms were submitted—before any medical consultation occurred—and making cancellation unreasonably difficult. The FTC alleges violations of the FTC Act and the Restore Online Shoppers' Confidence Act, while California invokes its False Advertising and Unfair Competition Laws and Utah cites its Consumer Sales Practices Act.

FTC, Utah, and California Sue Hims & Hers Over Health Data Sharing

The FTC, joined by Utah and California, filed a federal complaint in the U.S. District Court for the Northern District of California against Hims & Hers Health, Inc., alleging the telehealth company shared consumers' sensitive health information with third-party advertising platforms including Meta and Snap while publicly promising privacy protection. The complaint also charges that Hims & Hers misled users about billing and cancellation practices. According to the filing, the company disclosed health-related data and customer lists through tracking technologies embedded on its website, charged consumers for prescriptions immediately after intake forms were submitted—before any provider consultation occurred—and deliberately made subscriptions difficult to cancel. The FTC alleges violations of the FTC Act and the Restore Online Shoppers' Confidence Act (ROSCA), while Utah invokes the Utah Consumer Sales Practices Act and California cites its False Advertising and Unfair Competition laws.

FTC Seeks Public Comment on AI Policy Statement Curbing Ideological Manipulation

The Federal Trade Commission has opened a public comment period on a proposed policy statement addressing AI companies' manipulation of system outputs to serve undisclosed ideological objectives. The FTC asserts that such conduct violates Section 5 of the FTC Act by constituting unfair or deceptive practices that undermine consumer expectations for accuracy and objectivity. Comments are due by July 31, 2026, and will be published on Regulations.gov. FTC Chairman Andrew N. Ferguson authorized the notice with a 2-0 vote and invited feedback from businesses and consumers about their experiences with AI system manipulation.

Blank Rome Sued Over May 2026 Data Breach Exposing 57K Clients' Data

Blank Rome LLP, a Philadelphia-based law firm, faces two proposed class-action lawsuits over a data breach that exposed sensitive information on 57,554 current, former, and prospective clients. The breach occurred in May 2026 when a cybercriminal impersonated the firm's IT department and convinced an attorney to upload client files to an external Google Drive account. The exposed data includes names, Social Security numbers, addresses, dates of birth, driver's license numbers, passport numbers, medical records, and health insurance information. Blank Rome announced the breach to affected clients on June 26, 2026—nearly a month after the incident occurred. The firm stated it will "aggressively defend" against the suits and claims they lack merit.

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