Legal Library: Cases and Proceedings

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.

The Federal Trade Commission is acting against a large automotive dealer group, Asbury Automotive, for systematically charging consumers for costly add-on items they did not agree to or were falsely told were required as part of their purchase. The FTC also alleges that Asbury discriminates against Black and Latino consumers, targeting them with unwanted and higher-priced add-ons.

In an administrative complaint, the FTC alleges that three Texas dealerships owned by Asbury that operate as David McDavid Ford Ft. Worth, David McDavid Honda Frisco, and David McDavid Honda Irving, along with Ali Benli, who acted as general manager of those dealerships, engaged in a variety of practices to sneak hidden fees for unwanted add-ons past consumers. These tactics included a practice called “payment packing,” where the dealerships convinced consumers to agree to monthly payments that were larger than needed to pay for the agreed-upon price of the car, and then “packed” add-on items to the sales contract to make up that difference.

The Federal Trade Commission has taken action against Financial Education Services and its owners, Parimal Naik, Michael Toloff, Christopher Toloff and Gerald Thompson, as well as a number of related companies, for scamming consumers out of more than $213 million.

In response to a complaint filed by the FTC, a federal court has temporarily shut down the sprawling bogus credit repair scheme. The FTC’s complaint alleges that the company preys on consumers with low credit scores by luring them in with the false promise of an easy fix and then recruiting them to join a pyramid scheme selling the same worthless credit repair services to others. 

According to the FTC’s complaint, Michigan-based Financial Education Services, also doing business as United Wealth Services, has operated its scheme since at least 2015. The company claims to offer consumers the ability to remove negative information from credit reports and increase credit scores by hundreds of points, charging as much as $89 per month for their services. Their techniques, according to the complaint, are rarely effective and in many instances harm consumer’s credit scores.

In March 2026, the FTC sent more than $10.9 million to consumers harmed by the credit repair pyramid scheme.

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 FTC filed a complaint alleging that Mercury Marketing, LLC, and other defendants impersonated substance use disorder treatment clinics in Google search ads to deceptively route consumers trying to call those clinics to defendant clinics.

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 will require The Boeing Company (Boeing) to divest significant Spirit AeroSystems Holdings, Inc. (Spirit) assets to resolve antitrust concerns surrounding Boeing’s $8.3 billion acquisition of Spirit.

On February 17, 2026, the FTC finalized the consent order in this matter.

The Federal Trade Commission ordered building services contractor Adamas Amenity Services LLC (Adamas) and its affiliated businesses to cease their enforcement of no-hire agreements.

Adamas used anticompetitive no-hire agreements that restrict building owners and management companies across New Jersey and New York City from directly hiring workers employed by Adamas without a significant penalty, according to the FTC’s complaint. Adamas is required to immediately cease enforcing all existing no-hire agreements under a proposed FTC order. On February 12, 2026, the FTC finalized the consent order with Adamas and its affiliated businesses.