In this episode of our special 12 Days of Regulatory Insights podcast series, RISE attorney Nam Kang welcomes Partners Clay Friedman and Mike Yaghi for a practical look at 2025 regulatory enforcement trends in advertising and marketing.
The insightful discussion in this series begins with the growing push for transparent, all‑in pricing aimed at eliminating junk fees and drip pricing. Clay and Mike explain how new and existing state laws intersect with longstanding UDAP principles, and how this patchwork impacts brands across marketing channels. Drawing on decades of experience advising clients on regulatory enforcement actions in the advertising and marketing space, Clay and Mike map best practices: putting the total, unavoidable price upfront; clearly differentiating retailer charges from government taxes and other mandatory fees; preserving advertisements and web flows for compliance; and avoiding misleading “taxes and fees” (or similar) bundles.
The trio also breaks down the FTC’s recent Ticketmaster/Live Nation case, the status of the vacated “Click to Cancel” negative option amendments and continued risks under ROSCA and the FTC Act, and concrete guardrails for subscription disclosures, express informed consent, confirmations, renewal notices, and the requirements for easy cancellations. Looking ahead to 2026, they expect continued state-level pricing enforcement, renewed federal attention to negative-option rulemaking, a focus on combating actual fraud, and heightened exposure for brands that fall short on transparent pricing and auto‑renew practices.
Transcript: 12 Days of Regulatory Insights: Day 10 – State AGs on Pricing and Renewals (PDF)