Legal Library: Cases and Proceedings

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 Federal Trade Commission took action to protect American patients from higher outpatient surgery costs by requiring national nonprofit health system Ascension Health Alliance (Ascension) to divest several surgery center facilities to complete its proposed $3.9 billion acquisition of AmSurg LLC.

The FTC sued multilevel marketer Amare Global Holdings Inc. and three of its principals for misrepresenting to parents and other consumers that its dietary supplements marketed for children and adults could treat or cure health conditions such as depression, anxiety and ADHD, and for misleading its seller recruits about their potential earnings as “brand partners.” 

The FTC announced a settlement Celsius Network that will permanently ban it from handling consumers’ assets and charged three former executives with tricking consumers into transferring cryptocurrency onto the platform by falsely promising that deposits would be safe and always available.

The Federal Trade Commission has stopped a scheme that allegedly bilked millions of dollars out of consumers burdened with student loan debt by pretending to be affiliated with the U.S. Department of Education in violation of the FTC’s Impersonation Rule, collecting illegal advance fees, and making other deceptive claims.

The U.S. District Court for the District of Nevada entered a temporary restraining order on November 22, 2024 and a preliminary injunction against corporate defendant Superior Servicing on December 6, 2024.  

The Federal Trade Commission filed an amended complaint adding corporate defendants Sunrise Solutions USA LLC, Alumni Advantage LLC, Student Processing Center Group LLC, SPCTWO LLC, Accredit LLC and individual defendants Eric Caldwell and David Hernandez. 

In September 2025, the FTC announced that Caldwell and Hernandez will be permanently banned from the debt relief industry and will be required to turn over their assets to resolve FTC charges that they helped operate an illegal student loan debt-relief operation. Additionally, Caldwell will be banned from the telemarketing industry, and Hernandez will be prohibited from violating the Telemarketing Sales Rule.

Litigation continues against Merdjanian and the corporate defendants.

The FTC will require Cox Media Group, MindSift, and 1010 Digital Works to pay a total of $930,000 to settle allegations they deceived customers by falsely claiming to offer an AI-powered service that could target localized ads based on conversations captured from consumers’ smart devices and that consumers had opted into such targeting

The FTC will require Cox Media Group, MindSift, and 1010 Digital Works to pay a total of $930,000 to settle allegations they deceived customers by falsely claiming to offer an AI-powered service that could target localized ads based on conversations captured from consumers’ smart devices and that consumers had opted into such targeting.

The FTC will require Cox Media Group, MindSift, and 1010 Digital Works to pay a total of $930,000 to settle allegations they deceived customers by falsely claiming to offer an AI-powered service that could target localized ads based on conversations captured from consumers’ smart devices and that consumers had opted into such targeting.

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.