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Venable LLP

Your 2024 Outlook: California’s Enforcement Trends and New State Laws Governing Automatic Renewal Programs

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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

Morgan Lewis - Tech & Sourcing

UK Financial Conduct Authority Drives Changes to Buy Now, Pay Later Contract Terms

The UK Financial Conduct Authority (FCA) released a statement on February 14 confirming a series of changes to potentially unfair contract terms that had been agreed with four of the largest providers of Buy Now, Pay Later...more

Kelley Drye & Warren LLP

Noom to Pay Over $60M to Cancel Automatic Renewal Suit

In several recent posts and a webinar, we’ve talked about how the FTC and state AGs are focusing on automatic renewals. A series of new laws and investigations show that this continues to be a hot topic for both lawmakers and...more

Fenwick & West LLP

Changes to California’s Automatic Renewal Law May Require Updates for Subscription Service Providers

Fenwick & West LLP on

Subscription services face increased scrutiny from regulators, lawmakers and the plaintiffs’ bar. As we highlighted in a recent client alert, the FTC warned companies against using “dark patterns” in connection with paid...more

BCLP

Five Steps for Drafting an Effective “Extenuating Circumstances” Cancellation Policy for Your Consumer Contracts in the United...

BCLP on

As local and national regulations seek to “lower the curve” of infections of the COVID-19 illness, they have forestalled a host of consumer transactions, most notably those regarding travel, hospitality, and community...more

Carlton Fields

Second Circuit Holds Arbitration Clause Found in Hyperlink in a Confirmation Email Unenforceable

Carlton Fields on

SquareTrade, Inc. (“SquareTrade”) sells protection plans for consumer products. Adam Starke (“Starke”) purchased a SquareTrade plan from Amazon to cover a CD player ordered from Staples....more

Foley & Lardner LLP

Eleventh Circuit Creates Circuit Split as to Who Decides Whether an Arbitration Agreement Permits Class Arbitration

Foley & Lardner LLP on

As the U.S. Supreme Court observed memorably in First Options of Chicago, Inc. v. Kaplan, arbitration disputes often raise “three types of disagreement” relevant to resolution of the dispute: (1) a disagreement as to the...more

Orrick, Herrington & Sutcliffe LLP

SDNY Refuses to Enforce Uber’s Online “Sign-In-Wrap” Terms, Arbitration Provision and Jury Waiver Clause

On July 29, 2016, the Southern District of New York, in Meyer v. Kalanick, refused to enforce mandatory arbitration and jury waiver provisions against a putative class of Uber consumers. In a lengthy and strongly worded...more

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