Last week, California's legislature proposed amendments to its Automatic Renewal Law (ARL) to tighten the already-strict requirements for autorenewal, negative option, and continuous service offers. The law would impose new...more
It’s that time of year again. Regardless of what you call them—subscriptions, negative option programs, automatic renewals, or continuous service offers—states are continuing to enact and enforce new laws with increasingly...more
2/1/2024
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Contracts ,
Contract Terms ,
Corporate Counsel ,
Disclosure Requirements ,
Enforcement ,
Enforcement Actions ,
Informed Consent ,
Keurig Inc ,
LA Times ,
New Legislation ,
Subscription Services
Thirteen months after proposing sweeping changes to its Endorsements and Testimonial Guides (Guides), the Federal Trade Commission (FTC) has finalized its revised guidelines and released an updated set of FAQs to help guide...more
7/6/2023
/ Advertising ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Intermediaries ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Proposed Rules ,
Section 5 ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
In January, the Ninth Circuit agreed with a California district court's finding that a software company's autorenewal practices did not violate California's autorenewal law. The decision reflects a win for companies offering...more
The law surrounding negative option and continuity programs continues to evolve rapidly. Feeling a bit overwhelmed with the latest developments? Below is what you need to know in light of new laws, new enforcement actions,...more
1/19/2023
/ Automatic Renewals ,
Consent ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Fees ,
GrubHub ,
New Legislation ,
ROSCA ,
Settlement ,
State Attorneys General ,
Subscription Services ,
Terms of Service ,
Website Design
Last week, the National Advertising Division of the Better Business Bureau National Programs (NAD) held its annual conference. The wide array of speakers covered a broad range of topics, from the metaverse to dark...more
Autorenewal programs remain in the crosshairs for private class action plaintiffs, as evidenced by another lawsuit filed in California targeting numerous technical requirements in the state's automatic renewal law. ...more
On July 1, new requirements under California's automatic renewal will take effect. As we previously blogged, the amendments will require businesses to make it even easier for consumers to cancel and impose new requirements on...more
The Federal Trade Commission has requested public input about potential updates to its “Dot.Com Disclosures.” The guidance document was last updated nearly a decade ago and has not addressed much of the new technology that...more