The FTC updated its Negative Option Rule last month and gave it a new name to emphasize the expanded scope of programs to which it applies. It will now be the “Rule Concerning Recurring Subscriptions and Other Negative Option...more
Retailers and service providers with US business operations should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related...more
Retailers and service providers should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions,...more
3/24/2023
/ Advertising ,
Automatic Renewals ,
Comment Period ,
Federal Trade Commission (FTC) ,
Marketing ,
Notice of Proposed Rulemaking (NOPR) ,
Payment Plans ,
Proposed Rules ,
Retailers ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Starting this month, social media influencers and other authors of online content can take advantage of a new group copyright registration option for short online works such as blog entries, social media posts and web...more
We previously wrote about California Senate Bill 206, the “Fair Pay to Play Act,” back in April, and now Gov. Gavin Newsom has signed that bill into law. The law becomes effective on January 1, 2023. After numerous revisions...more
10/7/2019
/ Brand ,
College Athletes ,
Colleges ,
Compensation ,
Governor Newsom ,
Influencers ,
IP License ,
License Agreements ,
Name and Likeness ,
NCAA ,
New Legislation ,
Right of Publicity ,
Student Athletes
As real-world celebrities continue to expand the reach of their persona into the digital realm, the potential benefit for advertisers, game developers and esports event promoters is exceedingly high. But with increased...more
8/25/2019
/ Advertising ,
Avatar ,
Celebrities ,
eSports ,
First Amendment ,
Free Speech ,
Incidental Use Exception ,
Name and Likeness ,
NY Supreme Court ,
Right of Publicity ,
Right to Privacy ,
Video Games
Owlet Baby Care, Inc. advertised its “Smart Sock” baby monitor with prominent claims that the monitor offers parents “peace of mind,” and promises that babies will “be ok.” The ad message is qualified by disclaimers that the...more
Tiger Natural Gas, Inc. recently settled a class action privacy suit alleging that it illegally recorded sales calls with over 27,000 potential customers. Although Tiger hired a third party to handle its telemarketing, Tiger...more
We recently wrote about the Children’s Advertising Review Unit’s privacy-related enforcement against two mobile apps for children on our Eye on Privacy blog. But there’s more! CARU also took action based on several...more
Two mobile apps directed at children were recently subject to action by the Children’s Advertising Review Unit. The first, “My Talking Tom,” is a virtual pet game for children operated by Outfit7 Limited. One issue was the...more
6/19/2019
/ Advertising ,
CARU ,
Children's Online Games ,
COPPA ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Online Privacy Protection Act ,
Parental Consent ,
Personally Identifiable Information ,
Privacy Policy
California Senate Bill 206, the “Fair Pay to Play Act,” was amended again last month, and is making its way through the legislature under sponsorship by Sen. Nancy Skinner-D and Sen. Steven Bradford-D. If passed, the new law...more
4/10/2019
/ College Athletes ,
Colleges ,
Compensation ,
Incentives ,
Influencers ,
Intellectual Property Protection ,
License Agreements ,
Name and Likeness ,
NCAA ,
Proposed Legislation ,
Right of Publicity