2026 will be a significant year for retailers and e-commerce companies, with significant changes on the horizon that will affect the entire industry and ecosystem. In this alert, we highlight the top issues retailers and e-commerce companies should be aware of and ready to tackle in 2026. Click here to continue reading the full version

As we approach the end of the year, the FTC has been active in the consumer protection arena, reopening and setting aside a consent order due to President Trump’s AI Executive Order, analyzing consumer losses to rental scams, and warning companies about possible violations of the new Consumer Review Rule. More on these stories after the jump.Continue Reading FTC Updates (December 22 – 26, 2025)

In both the competition and consumer protection spaces, the FTC was active this past week announcing several new settlements the agency has reached regarding data security, tipping practices, and the use of no-hire agreements that limited worker mobility. The FTC also announced a new date for its workshop on noncompete agreements to further explore their impact on labor markets. These stories and more after the jump.Continue Reading FTC Updates (December 15–19, 2025)

The FTC has been active in the consumer protection realm this week, issuing refunds and warning letters, releasing Do Not Call Registry statistics, and announcing a new workshop. The FTC also denied a petition to reopen a long-running consent order related to “stalkerware” apps. These stories and more after the jump.Continue Reading FTC Updates (December 8 – 12, 2025)

Wednesday, November 26, 2025

Bureau of Competition; Competition; Nonmerger; Noncompete

  • The FTC finalized a consent order requiring Gateway Services, Inc. and its subsidiary, Gateway US Holdings, Inc. (collectively “Gateway”) to stop entering into or enforcing noncompete agreements on their employees. The order followed the FTC’s September 2025 complaint, which alleged that Gateway’s noncompete agreements were anticompetitive and suppressed competition. Previously, these agreements prohibited Gateway employees from working in the pet cremation industry anywhere in the United States for one year after leaving the company. Under the consent order, Gateway must stop enforcing its existing noncompete agreements and is prohibited from entering into similar agreements in the future.

Continue Reading Updates November 24 – December 5, 2025

On November 17, 2025, (former) FTC Commissioner Melissa Holyoak left the FTC to become Utah’s interim U.S. attorney. Holyoak left the FTC the same day the appointment was announced.

As a result of Holyoak’s departure, the FTC is down to two commissioners: Chairman Andrew Ferguson and Commissioner Mark Meador. With the two Republican commissioners remaining, the vacancy is unlikely to lead to any material changes at the agency.Continue Reading FTC Down to Two Commissioners After (Former) Commissioner Holyoak Leaves for U.S. Attorney Role

Due to the government shutdown, the FTC is closed aside from essential services.  Therefore, Crowell’s FTC updates will resume after the shutdown ends.

The FTC proposed recommendations to rescind and lighten its own regulations. The agency also published its 47th Annual Hart-Scott-Rodino (HSR) Report summarizing merger enforcement actions in 2024. These stories, and more, after the jump.Continue Reading FTC Updates September 2 – 26, 2025

The FTC continues to prioritize consumer protection and fair competition, taking significant steps to prosecute and deter offenders while returning funds to consumers in recent cases.  In August 2025, the agency secured a $14 million settlement with Match Group, Inc. to stop deceptive advertising and billing practices in the online dating industry.  Additionally, the FTC addressed antitrust concerns in the transportation sector by ensuring that collaboration among industry leaders does not hinder competition.  The agency also commenced lawsuits against ticket resellers and scored a major victory in a pending case against a multi-level marketing company.  Finally, the Commission initiated actions against multiple companies for false or misleading claims, revealing its current priorities and thinking on claims related to Artificial Intelligence (“AI”).  These stories, and more, after the jump. Continue Reading FTC Updates (August 4 –August 22, 2025)

The FTC has been active this past week in providing guidance, including announcing a request for public comments and providing guidance on referrals for criminal regulatory offenses. It has also received a grant to improve its data processing and announced a proposed order against an e-commerce business opportunity scheme operator. These stories and more, after the jump.Continue Reading FTC Updates (July 28 – Aug 1, 2025)