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Clayton Friedman

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Clayton is a partner in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group and co-leader of the State Attorneys General practice, multidisciplinary teams with decades of experience crafting effective strategies to help deter or mitigate the risk of enforcement actions and litigation.

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This article was originally published in Reuters on April 15, 2026 and republished here with permission. Also published in Westlaw Today.

“Junk fees” have become a central political and regulatory buzzword in recent years. The term generally refers to extra charges tacked onto purchases — such as convenience, service, resort, or handling fees — that are either not disclosed, or not clearly disclosed, in the initial advertised price. These charges often only appear late in the transaction process, a pricing tactic commonly known as “drip pricing.”

Regulators have been steadily tightening the screws on “junk fees” across the economy — from hotel resort fees to “service” and other charges when buying live event tickets. The Federal Trade Commission’s (FTC) rule on unfair or deceptive fees (FTC’s Fees Rule), which took effect on May 12, 2025, is a centerpiece of that effort, requiring businesses to show consumers the full price up front. The latest enforcement action targets one of the biggest players in the live event ticketing market: StubHub.

This article was originally published in Reuters on April 8, 2026 and republished here with permission.

State attorneys general are some of the most active regulators in the country, particularly in consumer protection, antitrust, privacy, and emerging technology. For many companies, the first sign of contact is a civil investigative demand (CID) or subpoena from a single state. For others, the first contact is a call from outside counsel alerting them that a coalition of AGs is already coordinating a multistate investigation.

On March 11, 2026, the Federal Trade Commission (FTC) issued an advance notice of proposed rulemaking (ANPRM) on negative option marketing. The ANPRM restarts the agency’s effort to regulate subscriptions and automatic renewals after the Eighth Circuit vacated the prior “Click to Cancel” rule, from the Biden administration era, on procedural grounds. Comments are due 30 days after Federal Register publication.

On March 19, 2026, a group of eight state attorneys general (AGs) filed a lawsuit to block the $6.2 billion acquisition of Tegna Inc. by Nexstar Media Group, two of the largest American broadcast companies. The suit came after federal regulators cleared the transaction, sharpening an increasing divide between the administration and states’ views on the same transactions.

State attorneys general (AGs) from across the political spectrum have refused to join the U.S. Department of Justice’s (DOJ) midtrial settlement with Live Nation. The bipartisan multistate coalition vowed to “keep fighting this case without the federal government,” underscoring that state AGs are increasingly prepared to part with the DOJ and take the lead in complex enforcement actions.

A federal judge in the U.S. District Court for the Southern District of Florida stayed discovery in a putative Telephone Consumer Protection Act (TCPA) class action while the court considers whether text messages qualify as “calls” under the statute’s do-not-call (DNC) provisions. In McGonigle v. Pure Green Franchise Corp., the court granted the defendant’s motion to stay, finding that the key issues can be resolved as questions of law without discovery. 2026 WL 111338 (S.D. Fla. Jan. 15, 2026).

The Federal Trade Commission (FTC) announced a proposed consent order with Illusory Systems Inc. (Illusory), a Utah-based blockchain infrastructure company that operates the Nomad Token Bridge. The settlement resolves the FTC’s allegations that Illusory failed to live up to its stated data security commitments, leading to a 2022 cyberattack in which hackers stole approximately $186 million in crypto assets from platform users. Under the proposed order, Illusory must return to consumers any recovered funds and implement enhanced information security measures.

In this episode of our special 12 Days of Regulatory Insights podcast series, RISE Partner Clay Friedman is joined by colleague Christy Matelis — a member of the firm’s antitrust practice and former Utah assistant attorney general — to unpack what a newly reactivated FTC means for the year ahead.