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Terms and Conditions Federal Trade Commission (FTC)

Venable LLP

Handle Autorenewal Programs with Care: Federal Trade Commission Targets Care.com for Alleged Dark Patterns and Earnings Claims

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Companies that care about avoiding Federal Trade Commission (FTC) action should take heed. Last month, the FTC announced an $8.5 million settlement with Care.com, resolving claims challenging its advertising claims and...more

BakerHostetler

[Podcast] AD Nauseam: Movie Pass – I Am Big. It’s the Pictures that Got Small.

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On today’s episode of Ad Nauseam Amy and Daniel talk about the FTC’s case against MoviePass and a recent HBO documentary called MoviePass Movie Crash....more

Venable LLP

The Federal Trade Commission's Enforcement Trends under the Restore Online Shoppers' Confidence Act: A Fast VAST Update

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The Federal Trade Commission (FTC) has made clear its focus on automatic renewal programs with high-profile lawsuits in recent weeks, alleging violations of the Restore Online Shoppers' Confidence Act (ROSCA). Below are some...more

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

Do Your Website Terms and Conditions Violate California Law?

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In recent weeks, class action plaintiffs have brought a new tranche of lawsuits challenging companies’ online terms and conditions. In them, plaintiffs allege that the terms violate California’s law prohibiting contracts for...more

McDermott Will & Emery

How the FTC’s Proposed Rule Could Affect Your Business

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In March 2023, the Federal Trade Commission (FTC) proposed tightened requirements on the Negative Option Rule in an effort to combat unfair or deceptive practices such as recurring charges for products or services that...more

Eversheds Sutherland (US) LLP

CFPB issues policy statement on abusiveness with a focus on digital interaction

On April 3, the CFPB issued a policy statement intended to provide “a framework to help federal and state enforcers identify when companies engage in abusive conduct.” Conduct violates the abusiveness standard when it either:...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

BCLP

What the FTC’s Proposed Expansion of its Enforcement Powers over Autorenewal Subscription Programs Means for Your Business

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On March 23, the Federal Trade Commission announced proposed changes to its Negative Option Rule. This latest announcement appears to be another move by the Commission in its recent flurry of activities to ramp up its...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

Venable LLP

Ninth Circuit Rejects Dark Patterns Challenge to Arbitration Agreement

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The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...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

Kelley Drye & Warren LLP

Two Firsts for FTC Civil Penalty Enforcement: ROSCA for Automatic Renewals and Penalty Offense Authority for Money-Making Claims

On Friday, the FTC announced what would ordinarily be an unremarkable enforcement action against a company for unsubstantiated earnings claims. The FTC alleges that WealthPress, an investment advice company purporting to...more

Cooley LLP

FTC Focuses on Automatically Renewing Subscriptions

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On November 3, 2022, the Federal Trade Commission (FTC) announced a $100 million settlement with Vonage, a provider of Voice over Internet Protocol (VoIP) services to residences and small businesses. The FTC alleges that...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

Repair Your Warranty Terms: FTC Takes Action Against Unlawful Repair Restrictions

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Last week, the FTC brought and settled enforcement actions against two manufacturing companies for allegedly limiting customers’ right to repair purchased products under unlawful warranty terms. The FTC alleged that the two...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

BakerHostetler

[Podcast] AD-ttorneys@law: Marketing a Subscription-Based Service? Beware

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We used to think of subscriptions as mostly for newspapers and magazines, but today you can subscribe to get cosmetics, cars, clothes, mental health counseling – even a curated selection of cat toys and treats that will show...more

Farella Braun + Martel LLP

Arbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA

Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home...more

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

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With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Kilpatrick

Five Key Takeaways: Promotional Tactics/Pitfalls and Opportunities in Coupons, Rebates, and Experiential Marketing (including the...

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Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the 2016 ANA/BAA 38th Marketing Law Conference, held November 9-11, 2016 in...more

McAfee & Taft

I accept!

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So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

Stinson LLP

East Coast to the West Coast: Consumers Continue to File Deceptive Pricing Class Actions

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Earlier this year, consumers filed class action lawsuits against retailers Zulily and Burberry in federal court in New York alleging unfair and deceptive sales practices in connection with their respective marketing of...more

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