Wilson Sonsini | 2026 Year in Preview: Regulatory Consumer Protection Trends for Companies to Watch Out For

January 9, 2026

As we ring in the new year, we want to make you aware of key issues affecting consumers that we expect lawmakers and regulators to focus on over the next 12 months. Below are the top transatlantic consumer protection issues to watch out for in 2026:

1. Regulators will actively enforce laws that apply to subscription services. The Federal Trade Commission (FTC) may propose a new Negative Option Rule, and detailed rules governing subscription services will come into force in the UK. The FTC and U.S. state regulators have been focused on enforcing laws that apply to subscription services. At the federal level, this includes the Restore Online Shoppers’ Confidence Act (ROSCA), which requires companies to clearly disclose the material terms of auto-renewing subscriptions, get consumers’ consent before charging them, and provide a simple mechanism to stop recurring charges. The FTC has been actively enforcing ROSCA, bringing more than half a dozen actions over the past year, including a historic $2.5 billion settlement with Amazon, and a case against Uber brought in coordination with over 20 states. We expect to see continued ROSCA enforcement at the federal level and enforcement of analogous laws at the state level, such as California’s and New York’s automatic renewal laws. The FTC may also be considering reintroducing a new Negative Option Rule after the U.S. Court of Appeals for the Eighth Circuit struck down the prior administration’s rule last year. The FTC’s settlement with Amazon states that the injunctive requirements imposed by the FTC’s order would be superseded by the passage of a new Negative Option Rule, suggesting that the FTC could be considering a new rule in this area.In the UK, new rules governing subscriptions are expected to come into force in autumn 2026. These rules, provided for by the Digital Markets, Competition and Consumers Act 2024 (DMCCA), will require in-scope businesses to provide consumers with reminder notices and information at specific points in their contractual relationship, with far-reaching cancellation rights arising for the consumer if a business does not comply (see Wilson Sonsini Alert). In the EU, the European Commission’s (EC) 2024 “Fitness Check” of consumer law highlighted enforcement gaps in the rules applicable to subscription services, and we also expect a stronger focus on this area under national rules given the strategic steer from the EC’s newly adopted 2030 Consumer Agenda (Agenda).¹
2. Regulators will continue targeting deceptive hidden fees. In the U.S., federal and state regulators will continue taking action against companies that impose hidden fees on consumers. Last year, the FTC issued a final rule that prohibits bait-and-switch pricing and other methods used to hide total prices and mislead consumers about fees in the live-event ticketing and short-term lodging industries. The rule went into effect in May 2025, and we expect to see the FTC enforcing the rule this year. We also expect to continue to see regulators use their existing consumer protection authorities to bring actions against companies that impose hidden fees on consumers in other industries like we did last year.The situation is similar in the UK, where so-called “drip pricing” techniques used to mask mandatory charges are prohibited under the DMCCA, with guidance having been issued by the Competition and Markets Authority (CMA) in November 2025. The CMA is currently pursuing its first cases under the DMCCA price transparency provisions with decisions expected in the coming year (see Wilson Sonsini Alert). In the EU, the EC’s 2024 “Fitness Check” of consumer law highlighted price transparency as a focus area, and we anticipate it will remain a key priority for the Consumer Protection Cooperation network this year. Price transparency sweeps, coordinated by the network, are expected to continue in 2026 across key online sectors, in line with the Agenda.
3. The FTC will prioritize issues related to content moderation, and so will regulators in the EU and the UK. The FTC under Chairman Andrew Ferguson has made clear that it is concerned about technology companies’ moderation of content on their platforms. Earlier last year, the FTC launched a 6(b) study of how technology companies “deny or degrade users’ access to services based on the content of their speech or affiliations.” Chairman Ferguson has also stated that the FTC will prioritize enforcement of the TAKE IT DOWN Act, which President Trump signed into law last year. The Act, in relevant part, requires platforms to have a process in place for users to report nonconsensual intimate imagery and take it down within 48 hours of notification. The FTC is authorized to enforce this provision and obtain civil penalties and consumer redress for violations. We expect the FTC to keep a watchful eye for potential violations of this provision this year.Elsewhere, regulatory authorities in the EU and the UK are likely to press ahead with investigating potential infringements of the Digital Services Act (DSA) and Online Safety Act (OSA), each of which impose content moderation duties on companies falling within their scope.
4. Regulators will keep a watchful eye on impersonation, fake reviews, and other deceptive endorsement marketing. We expect the FTC to continue to keep a watchful eye on impersonation, fake reviews, and other deceptive endorsement marketing practices. This past year, the FTC brought a number of enforcement actions against companies that allegedly engaged in impersonation of government and businesses, such as American Tax Services, which the FTC alleged falsely impersonated government agencies. The FTC has also been actively enforcing the fake reviews rule that went into effect in April 2024. For example, in the case against the operators of the “Growth Cave” business opportunity, the FTC alleged a violation of the fake reviews rule by failing to clearly disclose that favorable testimonials were posted by the company’s employees. For more information about that rule, see our alert here.Fake reviews are also high on the enforcement agenda in the UK; under the DMCCA, publishing, submitting, or commissioning another person to write fake product or service reviews, or “cherry-picking” which reviews to promote, are deemed to be “unfair” practices.In the EU, the Consumer Protection Cooperation network has already carried out enforcement sweeps on fake reviews and is expected to continue these actions as online marketplaces adjust their compliance controls.
5. The FTC will bring actions against companies that make deceptive claims about their AI tools. Although the Administration and the FTC have noted that they want to avoid unnecessarily curtailing AI innovation, they have emphasized that they will take action to ensure AI companies aren’t ignoring core consumer protections. Last year, the FTC brought an action against Workado for allegedly making deceptive claims about the accuracy of its AI content detector tool, and we expect the FTC to bring similar cases against companies offering AI tools in 2026.While there haven’t yet been EU or UK enforcement cases directly targeting deceptive AI claims, both jurisdictions already have strong consumer protection powers that could readily be used to challenge misleading marketing about AI performance or capabilities, much like the FTC’s recent actions. We expect this to become an increasing area of focus as AI commercialization grows.
6. EU regulators will increase scrutiny of AI systems interacting with consumers. The AI Act begins phased application in 2025-2026, introducing transparency obligations, prohibitions on manipulative practices, and duties for providers and deployers of high-risk AI systems. Enforcement is expected to be coordinated with the DSA, particularly in cases involving AI-generated content, recommendation engines, or systems that may mislead consumers. Public statements from the European Board for Digital Services signal that 2026 will see heightened supervisory activity and cross-border investigations.

For more information on this topic, please reach out to:

• Kelly Singleton, Associate, WILSON SONSINI
• Tom Evans, Of Counsel, WILSON SONSINI
• Laurine Daïnesi Signoret, Associate, WILSON SONSINI
• Amjad El Hafidi

Compliments of  Wilson Sonsini– a member of the EACCNY