Legal Library: Cases and Proceedings

Shutterstock Inc. will pay $35 million to settle Federal Trade Commission allegations that the online digital photo and video platform illegally made tens of millions of dollars from a range of unfair and deceptive practices, including charging consumers for products without their informed consent and making it difficult to cancel subscriptions. 

The FTC filed a lawsuit against the three largest prescription drug benefit managers (PBMs)—Caremark Rx, Express Scripts (ESI), and OptumRx—and their affiliated group purchasing organizations (GPOs) for engaging in anticompetitive and unfair rebating practices that have artificially inflated the list price of insulin drugs.

On February 4, 2026, the Federal Trade Commission secured a landmark settlement with Express Scripts, Inc., and its affiliated entities (collectively “ESI”). The settlement requires ESI to adopt fundamental changes to its business practices that increase transparency, are expected to drive down patients’ out-of-pocket costs for drugs like insulin by up to $7 billion over 10 years, bring millions of dollars in new revenue to community pharmacies each year, and advance the Trump Administration’s key healthcare priorities.

The U.S. Department of Justice, on behalf of FTC, and the state of Illinois sued Chicago-based company Premium Home Service (PHS) and its owner for fraudulently creating thousands of fake online business listings for home repair companies to deceive consumers into thinking they were choosing reputable local companies for home repairs. 

The FTC will prohibit data broker Kochava and its subsidiary from selling, sharing or disclosing sensitive location data without consumer consent to settle allegations the companies sold location data from hundreds of millions of mobile devices that could be used to trace the movements of individuals.

The FTC reached a settlement with Steven and Gina Merritt, senior participants in a multilevel marketing company, over allegations that they deceived consumers about the amount of money they could earn from selling products and recruiting new participants to the MLM.

The U.S. Department of Justice, on behalf of the Federal Trade Commission, and the Wisconsin Attorney General, filed suit against Consumer Law Protection and related companies, along with their owners and operators, Christopher Carroll, George Reed, Louann Reed, Scott Jackson, and Eduardo Balderas for scamming consumers—mostly older adults—out of more than $90 million in a massive timeshare exit scam.

Forever Living will be permanently prohibited from making deceptive earnings claims to resolve Federal Trade Commission allegations that the company deceived consumers that they could earn profits from the venture when the vast majority of participants made little or no money.

The FTC alleged that Stormy Wellington used deceptive earnings claims to recruit new members to two multilevel marketing companies.

In April 2026, the FTC announced that StubHub, the nation’s largest ticket exchange and resale ticket provider, will pay $10 million to settle charges that the company violated the FTC Act and the agency’s Rule on Unfair or Deceptive Fees by deceptively advertising ticket prices on its website without clearly and conspicuously disclosing up-front how much consumers actually would pay, including all mandatory fees. 

In March 2026, the FTC announced that it secured a settlement against Xponential Fitness for Franchise Rule violations and related deceptive practices, including $17 million that will be returned to franchisees, which is the largest amount ever to go back to consumers in a franchise case.

The FTC alleged that Xponential Fitness, which sells franchises for popular fitness studios brands such as Club Pilates, Pure Barre, YogaSix, StretchLab, and BFT, misrepresented key information about the costs, risks, time to open and operate studios, and essential details about the company’s operations, leaving many franchisees and prospective franchisees in the dark about their investment.

Walmart, Inc. has agreed to a $100 million judgment to settle FTC allegations that the company caused delivery drivers to lose tens of millions of dollars’ worth of earnings, by deceiving them about the base pay, incentive pay and tips they could earn. 

The Federal Trade Commission issued an administrative complaint to block medical device supplier Edwards Lifesciences Corp.’s (Edwards) proposed acquisition of JenaValve Technology, Inc. (JenaValve) due to concerns that the acquisition would limit patient access to lifesaving medical devices used to treat a potentially fatal heart condition. On January 9, 2026, after a six-day trial, the U.S. District Court for the District of Columbia granted the FTC’s request for a preliminary injunction to temporarily prevent Edwards from acquiring JenaValve.

In August 2025, the FTC sued the operators of LA Fitness and other gyms over allegations they make it exceedingly difficult for consumers to cancel their gym memberships and related services that continued indefinitely unless cancelled. The agency is seeking a court order prohibiting the allegedly unfair conduct and money back for consumers harmed by the difficulty in cancelling memberships.

In July 2020, the Federal Trade Commission filed a complaint in federal court against the California-based marketers and promoters of bogus treatments for serious medical conditions.  The defendants are two corporations headquartered in Porterville, California, and two of their executives: Huu Tieu, president and CEO of both companies; and Stephen Meis, Medical Director and board member of Golden Sunrise Nutraceutical.  The complaint alleged that defendants have promoted and sold a variety of products through "plans of care" ranging in price from $23,000 to $200,000, which falsely claim to treat or cure COVID-19, cancer, Parkinson's disease, etc. On June 14, 2021, the FTC announced a proposed order barring the defendants from making bogus health claims. In January 2024, the FTC announced the process defrauded consumers can use to seek refunds. In February 2026, the FTC announced it was sending refund checks to eligible consumers, as well as an online process for eligible consumers who have not yet submitted a claim to do so. 

To settle Federal Trade Commission charges that it engaged in deceptive and unfair practices, Dun & Bradstreet (D&B) has agreed to an order requiring substantial changes in the firm’s operations that will benefit small- and mid-sized businesses. Under the proposed order, D&B will also provide refunds to certain businesses that purchased the company’s products in the belief that using the products would improve their business credit scores and ratings.

The Federal Trade Commission announced that grocery delivery provider Instacart will pay $60 million in refunds to consumers to settle allegations that the company engaged in numerous unlawful tactics that harmed shoppers and raised the cost of grocery shopping for Americans. Instacart will be required to cease its deceptive practices under a proposed FTC order, and consumers who were charged for Instacart+ without their express informed consent will receive refunds as a result of the settlement.

In July 2025, the Federal Trade Commission announced that the operators of telemedicine company Southern Health Solutions, Inc., doing business as Next Medical and NextMed, have agreed to settle the FTC’s charges that they used deceptive claims about costs and weight loss, fake reviews, and fake testimonials to lure consumers into buying their weight-loss membership programs that had hidden terms and conditions.

The proposed order requires NextMed and its principals to pay $150,000, which is expected to be used to provide refunds to consumers.

The FTC has taken action against NGL Labs, LLC and two of its co-founders, Raj Vir and Joao Figueiredo, for a host of law violations related to their anonymous messaging app, including unfairly marketing the service to children and teens.

In July 2024, the FTC took action against NGL Labs, LLC and two of its co-founders, Raj Vir and Joao Figueiredo, for a host of law violations related to their anonymous messaging app, including unfairly marketing the service to children and teens. 

In January 2026, the Commission announced the claims process through which potentially defrauded consumers could see refunds from the FTC.

Disney will pay $10 million to settle Federal Trade Commission allegations that the company allowed personal data to be collected from children who viewed kid-directed videos on YouTube without notifying parents or obtaining their consent as required by the Children’s Online Privacy Protection Rule (COPPA Rule). 

A federal judge approved the order in December 2025.