This week, the Federal Trade Commission (FTC) filed a lawsuit in federal court against rideshare and delivery company Uber for allegedly deceptive subscription practices, including making it unreasonably difficult to cancel....more
4/25/2025
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Ridesharing ,
Subscription Services ,
Uber ,
Unfair or Deceptive Trade Practices
Every company will be impacted by the new import tariffs, as they increase manufacturing costs. However, companies selling on an autorenewal basis could disproportionately feel the impact and should proceed with caution...more
4/8/2025
/ Automatic Renewals ,
Cancellation Rights ,
Class Action ,
Consumer Contracts ,
Consumer Protection Laws ,
Contract Terms ,
Customs and Border Protection ,
EFTA ,
Federal Trade Commission (FTC) ,
Imports ,
Material Change Doctrine ,
Notice Requirements ,
Regulatory Requirements ,
State Attorneys General ,
Subscription Services ,
Supply Chain ,
Tariffs
Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as autorenewal of...more
3/21/2025
/ Auto-Renewal ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Regulatory Requirements ,
Rulemaking Process ,
Subscription Services ,
Unfair or Deceptive Trade Practices
The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more
3/19/2025
/ Advertising ,
Consumer Protection Laws ,
Content Marketing ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
NAD ,
Social Networks ,
Third-Party ,
Unfair or Deceptive Trade Practices
Last month, a putative class action was filed against Procter & Gamble challenging various green advertising claims for its Charmin toilet paper. The complaint brought a variety of state law claims targeting P&G’s...more
2/4/2025
/ Consumer Protection Laws ,
Corporate Misconduct ,
Environmental Litigation ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Putative Class Actions ,
State Law Claims ,
Sustainability ,
Unfair or Deceptive Trade Practices
Last Friday in a 2-1 order, the Eighth Circuit Court of Appeals rejected an initial challenge to the Federal Trade Commission’s (FTC) Negative Option Rule. The challengers had asked the court to stay the Rule from taking...more
When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more
3/8/2024
/ Advertising ,
Billing Errors ,
Class Action ,
Consumer Protection Laws ,
Contests & Promotions ,
Data Breach ,
Defense Strategies ,
Enforcement ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Marketing ,
NAD ,
Risk Mitigation ,
Slack-Fill Suits ,
State Attorneys General ,
Subscription Services ,
TCPA ,
Telemarketing Sales Rule
On October 3, 2022, a class action plaintiff filed a lawsuit against the NFL for allegedly enrolling customers in its NFL+ Premium subscription without their consent or disclosing subscription (autorenewal) billing terms, and...more