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Commission In Limbo: SCOTUS Puts CPSC Commissioners Back Out of Action

Client Alert | less than 1 min read | 07.24.25

In May 2025, the Trump Administration, asserting Executive authority, terminated the three Democratic Commissioners of the Consumer Product Safety Commission. On June 13, 2025, a Maryland district court aborted the without-cause termination while a legal challenge proceeds, leaving the Commissioners in place.

No longer. On July 23, 2025, the Supreme Court granted an emergency request and stayed the district court’s blocking order. The six-Justice majority reasoned that the harm to the government from the stay order outweighs a Commissioner’s inability to perform his or her statutory duty.

While the majority ruling was unsigned, three Justices by name dissented, declaring this an unwarranted use of the Court’s stay authority.

Crowell will be monitoring developments as they unfold. 

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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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