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FCA Litigation Forecast: Bad News, Good News

Client Alert | less than 1 min read | 03.24.17

The FCA remains the federal government’s number one recovery tool, but how will that be impacted by recent developments in the case law and regulations? In a recent Westlaw Journal piece, C&M’s Brian Tully McLaughlin previews the impact of the Supreme Court’s landmark Escobar decision for defendants in all manner of FCA suits as well as the significant increases in the Act’s statutory penalties.

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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....