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Cost Disallowance Claim Accrued When the Government Paid Invoices

Client Alert | 1 min read | 09.11.18

In United Liquid Gas Co. v. GSA (July 12, 2018), the Civilian Board of Contract Appeals found that the government’s cost disallowance claim was untimely under the Contract Disputes Act’s six-year statute of limitations. Following an audit, GSA filed a $3.3 million claim alleging that the contractor overbilled GSA on a fixed-price per gallon propane contract. The Board held that GSA’s claim began to accrue on the date that the Government paid each invoice. GSA argued unsuccessfully that, before the audit, it could not have known of the overbilling because the invoices were paid by a separate agency (the Defense Finance and Accounting Service). The Board responded that GSA was “obligated to monitor [the] payments” and thus “should have known about the overpayment[s].” Because each invoice payment was treated as a separate event for claim accrual purposes, the Board denied as time-barred roughly $280,000 of GSA’s claim that involved payments more than six years before the claim was filed.

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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