News & Analysis as of

Terms and Conditions Marketing

Venable LLP

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

Venable LLP on

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

Verrill

Trump Trading Cards: Analyzing the Legality of a Promotion

Verrill on

This week Donald J. Trump announced that “Back by popular demand” he’s offering his new (Series 4) Trump Digital Trading Cards (NFTs). Being the glutton for punishment that I am, I went to the website to review the offer and...more

BakerHostetler

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

BakerHostetler on

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

Faegre Drinker Biddle & Reath LLP

For In-House Counsel: 12 Questions to Ask When the Business Team Wants to Launch a Sweepstakes or Contest (Tomorrow)

We’ve seen this scenario (one too) many times before: the business/marketing team comes to the in-house legal team and wants to run a sweepstakes or contest to promote a brand or a new product line. Surprise! They are hoping...more

Venable LLP

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

Venable LLP on

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

Verrill

Help! My Social Media Influencer Caused a Riot

Verrill on

The statistics speak for themselves: - Influencer marketing in the US is valued at over $16 billion. - 72% of Gen Z and Millennials follow influencers on social media. - 89% of marketers intend to increase influencer...more

Venable LLP

Is a Checkbox Required to Obtain Consent to Subscription Programs?

Venable LLP on

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...

Venable LLP on

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

BakerHostetler on

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

Venable LLP on

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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Decision in Live Nation and Ticketmaster’s Favor Highlights Subtleties of Drafting Enforceable Arbitration...

In Oberstein v. Live Nation Ent. Inc. No. 21-56200 (9th Cir. Feb. 13, 2023), the Ninth Circuit addressed the question of whether the arbitration and class action waiver clauses on Ticketmaster’s and Live Nation’s websites...more

DarrowEverett LLP

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

DarrowEverett LLP on

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

Venable LLP

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

Venable LLP on

​​​​​​​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

Holland & Knight LLP

Marketers Beware: Your Social Media Sweepstakes or Contests Could Be an Illegal Lottery

Holland & Knight LLP on

A current marketing trend is to use social media sweepstakes for promotion purposes, e.g., "Like and Share Our Facebook or Instagram Post For a Chance To Win a $100 Gift Card!" or "Take Our Five-Minute Survey For a Chance To...more

Perkins Coie

2022 Compliance Landscape for Recurring Subscription Programs

Perkins Coie on

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

Katten Muchin Rosenman LLP

Potential Pitfalls When Using Music in Social Media Marketing - Kattison Avenue/Katten Kattwalk | Issue 1

Harnessing the power of social media to market products and services is now commonplace, and can take a number of forms, including paying social media "influencers" to create content promoting products, reposting content...more

McAfee & Taft

Navigating the social media maze of copyright

McAfee & Taft on

Businesses, more than ever, have an increased focus on social media and other online marketing. But, by advertising online, companies may be allowing others to use their content without consent. When you post online, the...more

BakerHostetler

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

BakerHostetler on

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

McAfee & Taft

Navigating the social media maze of copyright

McAfee & Taft on

As 2020 marches on, companies continue to focus on social media and other online forms of marketing and advertising to connect with their customers. Unfortunately, by advertising and connecting through social media, companies...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 7, Issue 2

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more

MoFo Reenforcement

One-Two Punch: CFPB Indirect Auto and Add-On Product Orders

MoFo Reenforcement on

The CFPB announced two new enforcement action settlements on September 28: one for alleged discriminatory auto loan pricing and the other for alleged deceptive credit card add-on product marketing practices....more

McCarter & English, LLP

Six Tips for Generating Buzz Without Getting Stung

A good marketing department knows how to generate product “buzz” by leveraging external influencers and promotions. The challenge for the company is to avoid being stung by the FTC’s recently published Endorsement Guides (the...more

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide