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Register now to join Joanna Rosen Forster, Joachim B. Steinberg, Preetha Chakrabarti, David Ervin, and Warrington Parker on June 11, 2025 from 12:00 pm EDT – 1:00 pm EDT as they discuss Section 230 and the implications for digital platforms, online businesses and e-commerce. Section 230 was enacted as part of the United States Communications Decency Act (CDA), providing immunity to interactive computer service providers for third-party content. Known as “the 26 words that created the internet,” this statute is responsible for the development of the modern internet as we know it. 

Recent calls by the DOJ, FTC, FCC, State AGs and even Congressional Leaders to reform, edit or take Section 230 enforcement in new directions signal a potential inflection point. The challenge for policy reform lies in balancing Section 230’s role in protecting online speech and fostering innovation with evolving concerns about platform accountability, consumer protection, and market efficiency in a data-driven economy.

Continue Reading Register Now! Section 230: Implications for Digital Platforms, Online Businesses and E-Commerce Webinar
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Two bills currently making their way through the California Legislature could, if passed, have far-reaching implications for how companies doing business in California price their goods and services. California Assembly Bill 325 (Aguiar-Curry) and Senate Bill 384 (Wahab), as drafted, seek broad prohibitions against the use, distribution of, and inputs into algorithmic pricing and supply software, even where there is no coordination among competitors on the use of such software or the setting of prices. Their enactment would reach every business that uses software applications to develop pricing, supply levels and other commercial terms in California. Crowell & Moring represents the California Chamber of Commerce (“CalChamber”) in monitoring, analyzing and responding to the proposed bills.

Continue Reading California Considering Broad Bans on Pricing Software

On April 14, 2025, ClassPass, a web-based company offering subscription services to third-party fitness classes, petitioned for rehearing en banc of the Ninth Circuit’s Chabolla v. ClassPass decision, which held that ClassPass’ users were not bound by the terms of ClassPass’ “sign-in wrap” agreement. The ruling has significant consequences for online companies using sign-in wrap…

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On April 2, 2025, the U.S. Supreme Court extended the reach of Section 1964(c) of the Racketeer Influenced and Corrupt Organizations (RICO) Act by holding that a plaintiff may seek treble damages for a business or property loss resulting from a personal injury.[1] The 5-4 decision has resolved a 3-2 circuit split over whether…

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Despite other sweeping changes to the federal government under the Trump administration, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), passed under former President Biden, remains good law. Below, we report on recent trends in FDA’s implementation and enforcement of MoCRA in the early months of Trump’s presidency.

FDA is continuing to monitor the cosmetic industry’s compliance with MoCRA. On March 13, 2025, FDA released data summarizing the number of active facility registrations and product listings submitted pursuant to MoCRA’s requirements.

Continue Reading MoCRA Under the Trump Era: A Look at FDA’s Monitoring and Enforcement Two Months In

“Right to Repair” laws are regulations that generally require manufacturers to give consumers and independent repair providers access to tools, parts, and information to repair certain consumer products and other equipment on fair and reasonable terms. Recently, six states—California, Colorado, Minnesota, New York, Massachusetts, and Oregon—have implemented their own comprehensive right to repair regulations. Click…

FTC Building Door

Key takeaway #1 – The FTC’s request for public comment is a notable sign that the federal government is investigating online content moderation practices.

Key takeaway #2 – Companies should prepare for the possibility of a new legal landscape where content moderation practices face new legal challenges.

On February 20, 2025, the Federal Trade Commission launched an “inquiry” into “tech censorship” by calling for public comments from those who “may have been harmed by technology platforms that limited their ability to share ideas or affiliations freely and openly.” The deadline for comments is May 21, 2025.

While promulgated under the banner of protecting citizens’ rights to speech, this “inquiry” marks the Trump Administration’s first official action to address how businesses edit, moderate, and deliver user generated content online. The repercussions are widesweeping as any business with an online presence—whether selling products, allowing users to post content or commentary—may be at risk of further investigation. This also may be the precursor to changes in law that governs internet activity in the United States.

Continue Reading The FTC’s Request for Public Comment on Online Content Moderation – Are You Ready for a Sea Change?

The FTC’s activity this week centers around data analysis. The agency released reports analyzing Bitcoin ATM scam data, followed by a report compiling issues with income disclosure statements from multi-level marketing (“MLM”) businesses. The Commission also sent a report to the Consumer Financial Protection Bureau on its activity related to fighting debt collection-related fraud against consumers. More information on these stories after the jump.

Continue Reading FTC Updates (September 2-6, 2024)
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Over the 2024 summer, new EU rules entered into force regarding unsold consumer products under the new ESPR (i.e. the Ecodesign for Sustainable Products Regulation – Regulation (EU) 2024/1781).  The legal obligations themselves are relatively concise and short in number and therefore perhaps easy to overlook.  However, companies selling or supplying consumer products in the EU/EEA – particularly companies in the clothing, footwear, apparel, textile and retail sectors – should beware and not underestimate their importance or impact.

Continue Reading Companies Selling Consumer Products in the EU (Particularly Clothing, Apparel, and Footwear Companies) Beware: The New ESPR Rules on Unsold Consumer Products Have Now Entered into Force