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Membership Agreements

Sheppard Mullin Richter & Hampton LLP

FTC Finalizes ‘Click to Cancel’ Rule

On October 16, the FTC announced that it has finalized its “click to cancel” rule, that will require sellers to make it much easier for consumers to cancel subscriptions. The final rule is part of the FTC’s ongoing review of...more

Troutman Pepper

White House Announces New Initiatives Targeting Consumer Experience

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Last week, the Biden-Harris Administration launched a comprehensive initiative aimed at addressing what it describes as everyday hassles that waste Americans’ time and money. This new government-wide effort, called “Time Is...more

DarrowEverett LLP

Florida State and Clemson vs. the ACC: Is There a Way Out for Both?

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Both the Florida and North Carolina courts have now dipped their toes into Florida State University’s (“FSU”) dispute with the Atlantic Coast Conference (“ACC”) over the high exit price the school must pay to leave the...more

Holland & Knight LLP

It's Simple to "Click to Cancel"

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The Federal Trade Commission (FTC) has proposed several amendments to the current Negative Option Rule (Rule) that, if enacted, will drastically change how subscription- and membership-based businesses operate. Generally, the...more

DarrowEverett LLP

Florida State’s Way Out of ACC? Exit Penalties Could Be Ruled Unenforceable

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Last summer, we wrote about the Atlantic Coast Conference’s (“ACC”) “ironclad” Grant of Rights agreement being the only document keeping top schools from leaving for either the Big Ten or Southeastern Conference (SEC),...more

Troutman Pepper

Washington State Representatives Propose Amendments Targeting Bank Model Lending and Loan Programs Based on Tips or Memberships

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Washington now joins the list of states that have enacted or proposed legislation adopting so-called anti-evasion provisions, including legislation passed in Minnesota, Connecticut, Nebraska, and proposed in Florida. On...more

Ward and Smith, P.A.

Mo Money, Mo Problems? No Biggie for a Homeowner's Association, Right?

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Was your community association lucky enough to come in under budget last year? On the surface, this might appear to be a bonus, but if not handled properly, it can quickly turn into an unexpected tax burden. ...more

Marshall Dennehey

The Stand-Alone, Small Link to the Terms and Conditions Page of Defendant’s Website Did Not Suffice to Waive the Plaintiff’s...

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Childs v. Fitness Int’l, LLC et al (U.S. District Court, EDPA, May 23, 2023) - The plaintiff signed a membership agreement that did not contain an arbitration provision. The defendant gym’s website contained a small link to...more

Cozen O'Connor

A Brief Investigation Gets to the Bottom of Alleged Underwear Subscription Deception

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A coalition of 32 AGs reached a settlement with online underwear retailer Adore Me, Inc. to resolve allegations that the company deceptively marketed its subscription membership program and made it intentionally difficult for...more

Orrick, Herrington & Sutcliffe LLP

Colorado appeals court says electronic bank statement provided constructive notice of updated terms

On May 4, the Colorado Court of Appeals held that a plaintiff had constructive notice of updated terms and conditions in her membership agreement with a defendant credit union, which included an arbitration agreement with an...more

Smith Anderson

Key Regulatory Considerations for Direct Pay and Concierge Models in Family Medicine

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As the health care industry continues to evolve at a rapid pace, many family physicians are exploring innovative practice models, including concierge and direct pay care. These models have gained traction in primary care in...more

Manatt, Phelps & Phillips, LLP

FTC Proposal Restricts Health Tech and Digital Health Companies’ Use of Auto-Renewal Provisions

Many health tech and digital health companies offer subscription or membership services to clients and patients on an auto-renewal basis. Under this model, a subscriber’s credit card is automatically charged on a monthly,...more

Orrick, Herrington & Sutcliffe LLP

FTC proposes changes to Negative Option Rule

On March 23, the FTC announced a notice of proposed rulemaking (NPRM) seeking feedback on proposed amendments to the agency’s Negative Option Rule, which is used to combat unfair or deceptive practices related to...more

Wiley Rein LLP

Wiley Consumer Protection Download (October 31, 2022)

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CFPB Releases Outline of Proposals and Alternatives to Implement Section 1033 of the CFPA. On October 27, the CFPB released a Small Business Advisory Review Panel Outline of Proposals and Alternatives Under Consideration...more

White & Case LLP

Ukraine's progress towards the European Union Membership: Brief facts and further steps

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On 23 June 2022, the European Council granted candidate country status to Ukraine. This decision built upon the European Commission Opinion on Ukraine's application for membership of the European Union (the "EU"). The...more

Kramer Levin Naftalis & Frankel LLP

At the COPA: Patent Alliances and the Real Satoshi Nakamoto

The Crypto Open Patent Alliance (COPA) is a prominent (and possibly the only) defensive Crypto patent alliance. COPA advertises that it was “formed to encourage the adoption and advancement of cryptocurrency technologies and...more

Hudson Cook, LLP

Let 'Em Out! ROSCA and Changes to California's Auto-Renewal Law

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What's this about? Auto-renewing arrangements are more and more ubiquitous, from TV channel subscriptions to meal-kit delivery plans - and the regulators are interested. Late last year, the FTC and California took actions...more

Lewitt Hackman

Franchisee 101: Docked Injunction

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After obtaining a temporary restraining order, Freedom Franchise Systems (“Freedom”), the franchisor of a boat-club business, was denied a preliminary injunction to stop a former franchisee prospect from using claimed trade...more

Husch Blackwell LLP

How do the CPRA, CPA, and VCDPA treat dark patterns?

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Keypoint: The CPRA and CPA introduce the concept of dark patterns into state consumer data privacy laws although this area has come under increased attention recently with FTC enforcement actions and guidance, state attorneys...more

UB Greensfelder LLP

FINRA’s New Rules Are A Game-Changer, Especially When It Comes To Hiring . . . And Not In A Good Way

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For many years, FINRA has attempted in several settings to substitute objective criteria for subjective ones, to try and make things easier for itself, and to make things more consistent from district to district and from...more

Farrell Fritz, P.C.

Civil RICO: A Blunt But Elusive Tool in Business Divorce Cases

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What do business divorce litigants have in common with the frill-necked lizard? At the outset of confrontation, they both use in terrorem tactics in an attempt to force their adversary into rapid submission....more

Ballard Spahr LLP

Subscription Service Agrees to Pay $10 Million for Automatic Renewal Law Violations

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Earlier this month, the Federal Trade Commission (FTC) announced a $10 million settlement with the online learning company ABCmouse for allegedly violating the FTC Act as well as the Restore Online Shoppers’ Confidence Act...more

Cozen O'Connor

Debt Collectors Sued | States Object To Proposed Fed Banking Rule | States Move To Stop USPS Changes

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2021 AG Elections- Virginia Incumbent Attorney General Seeks Reelection, Skips Governor’s Race- •Virginia AG Mark Herring reportedly will seek a third term as AG and not run for governor as previously reported. •As...more

Robinson+Cole Data Privacy + Security Insider

ABCmouse Pays $10 Million to Settle FTC Enforcement Action

On September 2, 2020, Age of Learning, Inc. (operating as ABCmouse), a children’s online educational company, settled with the Federal Trade Commission (FTC) for $10 million for its alleged misrepresentations and failure to...more

Seyfarth Shaw LLP

Membership Fee Refund Class Actions Hitting the Office, the Gym, the Club, and the Park

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One of the immediate legal trends arising from the shut down of all non-essential activities has been disputes concerning consumer refunds, with many class action suits against professional sports leagues, ticket brokers,...more

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