On February 27, 2025, the Ninth Circuit affirmed the district court’s ruling in Chabolla v. ClassPass, finding that the “sign-in wrap agreement” on the ClassPass website was not an enforceable contract because it did not...more
The house doesn’t always win—a federal jury awarded nearly $25 million in damages to a class of consumers in Washington State after a district court in Larsen v. PTT, LLC determined that certain “social casino” games operated...more
Video game companies are often eager to adopt new technologies, like artificial intelligence (AI), to enhance player experiences. However, stricter privacy and AI regulations require companies to take extra precautions to...more
As artificial intelligence transforms gaming, developers and publishers need a clear, strategic approach to incorporating AI into their pipelines. Success requires balancing innovation with thoughtful risk management while...more
For companies offering subscription-based services, the regulatory landscape is becoming increasingly complex, with recent updates to federal and state laws creating new compliance requirements that demand careful attention...more
Effective January 1, 2025, a new California consumer protection law will require sellers of digital goods to more clearly communicate whether consumers are purchasing unrestricted ownership to that digital good or merely...more
The Federal Trade Commission has announced the final "click-to-cancel" rule, which is designed to ensure that consumers can cancel subscriptions as easily as they signed up for them. This rule covers most negative option...more
On September 24, 2024, Governor Gavin Newsom signed into law Assembly Bill No. 2863, which will further amend California’s Automatic Renewal Law (ARL)....more
As the landscape of artificial intelligence (AI) continues to evolve, it's crucial for businesses to navigate the Federal Trade Commission's (FTC) stance on AI claims. The FTC's Operation AI Comply is cracking down on...more
The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more
9/18/2024
/ Advertising ,
Compliance ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Drip pricing, the practice of revealing hidden fees after a consumer has begun the purchasing process, has come under scrutiny. The Federal Trade Commission has labeled it a dark pattern, and California has taken steps to...more
On July 1, 2024, California’s law banning hidden fees took effect. Under the Consumer Legal Remedies Act (CLRA), SB 478 provides that businesses transacting with California consumers may not apply additional fees or charges...more
7/19/2024
/ Advertising ,
Bars ,
CLRA ,
Consumer Protection Laws ,
Credit Cards ,
Disclosure Requirements ,
Exemptions ,
Fees ,
Goods or Services ,
Grocery Stores ,
Hidden Fees ,
New Guidance ,
New Legislation ,
Restaurant Industry
The Federal Trade Commission (FTC) has issued a cautionary note to companies that employ artificial intelligence (AI) chatbots, signaling heightened scrutiny over their use. Through a series of blog posts in the past year,...more
The FTC Act grants the Federal Trade Commission (FTC) significant authority to create tailored rules and guidance protecting consumers across various aspects including advertising and privacy. When it comes to AI chatbots...more
When it comes to advertising claims, it's crucial for companies to provide evidence to back up what they promise consumers. Whether it's a program offering financial success or a game with real money prizes, claims of...more
When it comes to digital entertainment, international companies often face the challenge of adapting features to comply with different jurisdictions' legal requirements. The use of countdown timers next to digital items...more
A survey by Billion Dollar Boy revealed that brands experienced more positive consumer engagement with generative AI content than traditional content. Brands utilizing AI generators may gain a competitive edge, but it's...more
The roots of free-to-play games can be traced back to the shareware business, which paved the way for independent game developers and the free-to-play economy. While free-to-play games may seem like a modern concept,...more
When targeting hardcore gamers with in-game advertising, it's essential to create campaigns that not only capture their attention but also provide value. Engaging advertising campaigns that gamers enjoy are more likely to be...more
As generative AI gains a foothold in our technology, the first wave of litigation has rippled through the industry, mostly focusing on copyright issues. We expect that plaintiffs will file more lawsuits, if only because that...more
EngineOwning, a Germany-based company, openly confessed to creating cheat software for the Call of Duty games published by Activision Blizzard. Cheat developers' actions can have legal ramifications, but holding them...more
The FCC is grappling with issues at the intersection of AI and consumer marketing. On February 2, 2024, the FCC adopted a declaratory ruling that AI-generated human voices constitute “artificial or prerecorded voice[s]” under...more
Beginning July 1, 2024, businesses that transact with California consumers may not apply additional fees or charges at checkout that were not disclosed in the advertised price (sometimes called “drip pricing”). Drip pricing...more
The start of the year is a good time to assess and refine your telemarketing business practices (including automated text marketing) for success in 2024. This is particularly critical in light of recent government actions...more
Understanding the intricacies of advertising law is a crucial part of getting your venture into the public eye while maintaining legal and ethical standards.
Drawing insights from advertising best practices and recent...more