News & Analysis as of

Consent E-Commerce

Venable LLP

Negative Option and Continuity Marketing: An Excerpt from the Advertising Law Tool Kit

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The Federal Trade Commission (FTC), state attorneys general, and class action plaintiffs continue to scrutinize negative option and continuity offers. Negative option marketing can include pre-notification negative option...more

Venable LLP

Is a Checkbox Required to Obtain Consent to Subscription Programs?

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If you are a subscription marketer, you have likely heard the buzz about the Federal Trade Commission's Notice of Proposed Rulemaking (NPRM) concerning the Negative Option Rule. If implemented, the proposed rule would impact...more

Venable LLP

The FTC's Proposed "Rule Concerning Recurring Subscriptions and Negative Options": Improving Regulations or Interfering with...

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Payment service providers should take note of an expansive new rule proposed by the Federal Trade Commission (FTC) intended to protect consumer shoppers of goods and services sold on a subscription basis. For merchants...more

BakerHostetler

FTC One-Ups Itself with One Proposed Rule to Rule All Subscription Services

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Mornings for advertising lawyers usually start slow – coffee in one hand and phone in the other while we glance at emails. Imagine our surprise the other morning when we saw that the Federal Trade Commission (FTC) had issued...more

Venable LLP

Click to Cancel: FTC Proposes New Rule Regulating Subscription Services and Negative Option Programs with Broad Implications

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Last week, the Federal Trade Commission announced that its proposed rule replacing its Prenotification Negative Option Rule would result in new, expansive requirements for all forms of negative option offers, including...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Perkins Coie

New Jersey To Regulate Automatically Renewing Subscription Services

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New laws regulating certain providers of automatically renewing subscription services were passed this year in Idaho, Tennessee, Virginia, and, most recently, New Jersey. These laws are the most recent additions to a growing...more

Venable LLP

Are Your Website Terms Enforceable? Maybe Not, According to These Recent Decisions

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​​​​​​​Whether they refer to their online terms as "website terms and conditions," "terms of use," or something else, online marketers and sellers often seek to enforce contracts to manage the relationships with their...more

Perkins Coie

2022 Compliance Landscape for Recurring Subscription Programs

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Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations. The Federal Trade Commission (FTC) recently issued an Enforcement Policy...more

Spirit Legal

[Webinar] Datenintensive Technologien und Anwendungen rechtskonform gestalten - March 25th, 9:30 am - 3:00 pm CET

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Gerade für Juristen ist Begeisterung für und ein Verständnis von Branchen, Geschäftsmodellen und Technologien – gerade vor dem Hintergrund des Datenschutzrechts und des Gewerblichen Rechtsschutzes – unerlässlich und...more

Proskauer Rose LLP

New York’s Broad Automatic Renewal Law (and the Accompanying Compliance Issues) Coming in February 2021

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New York has enacted a new law, effective February 9, 2021, regulating automatic renewal and some “free trial” type agreements. While some organizations may have already taken steps to be in compliance with industry...more

BCLP

GDPR Privacy FAQs: Can organizations use “terms and conditions” consent to gain consent to the deployment of cookies?

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No. The English supervisory authority, the ICO, has stated that consent requests must be “clearly distinguishable from other matters” and that bundling consent as part of terms and conditions in impermissible. According to...more

Hogan Lovells

Spanish DPA on Use of Cookies: Continued Browsing is Consent

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On November 8, the Spanish data protection authority (AEPD) published new Guidelines on the Use of Cookies (Guidelines) (Spanish only). The Guidelines have been prepared in collaboration with different organisations in the...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: Retail Industry Outlook: Risks and Rewards

In this episode, partners and Akin Gump retail initiative co-leaders Gregory Knopp and Meredith Slawe discuss the retail sector, its promises and its pitfalls. Among the topics covered: • technological innovation in retail ...more

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