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Court of International Trade Takes Jurisdiction Over Civil FCA Case

Client Alert | less than 1 min read | 08.04.05

Distinguishing its own precedent holding that it has no jurisdiction over civil FCA lawsuits brought by qui tam relators, the U.S. Court of International Trade (USCIT) recently held in U.S. v. Universal Fruits and Vegetables Corp., 2005 WL 1592953 (July 6, 2005), that it does have exclusive jurisdiction over non-qui-tam civil FCA actions brought by the government to recover unpaid customs duties. In this case involving government allegations that defendants avoided paying customs duties by making false statements to Customs officials, the USCIT confirmed a previous ruling of the Ninth Circuit that had transferred the matter to the USCIT for lack of subject matter jurisdiction.

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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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