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Now, officials have no such requirement, allowing them instead to launch “discretionary proactive investigations,” the complaint states.

"We experienced lower store traffic in the Americas, partially reflective of economic uncertainty, inflationary pressures, lower consumer confidence, and changes in discretionary spending," Lululemon said in a statement.

Under the FCA's plans, providers will have until December to consider and respond to complaints, aligning the deadline for firms to deal with discretionary and non-discretionary arrangement complaints.

Erratic tariff policies out of the White House have shaken consumer confidence that experts say reliably tracks with discretionary spending on travel.

The parole authority is “purely discretionary” in the hands of the DHS secretary, he wrote, and the law bars judges from reviewing those decisions.