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Mining Law Monitor - Volume 22, Issue 1 - (Spring 2005)

Client Alert | less than 1 min read | 06.07.05

  • "Twentymile: The Latest Word on Liability for Independent Contractor Violations Under the Mine Safety and Health Act," Co-Authors: Tim Biddle, Ed Green and Dan Wolff.
    This article also appeared in Stone, Sand & Gravel Review, (July/August 2005)
  • "Focus on Explosives: Failures and Fees," Co-Authors: Ed Green and Mike Gill.
  • "The Resurgence of The U.S. Mining Industry in 2005 And How Our Legal System Can Help It Flourish," Author: Tim McCrum.
  • "MSHA's Dilemma," Co-Authors: Tim Means and Linda Lavache.
  • "An Uncertain Outlook For General Permitting Under The Clean Water Act NPDES Program," Co-Authors: Rich Schwartz, Ellen Steen, and Kirsten Nathanson.

Insights

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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