News & Analysis as of

Unfair or Deceptive Trade Practices Corporate Counsel

Foley & Lardner LLP

No Harm, No Foul: Greenwashing Lawsuit Dismissed for Lack of Article III Standing

Foley & Lardner LLP on

It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the...more

WilmerHale

Year in Review: 2024 Generative AI Litigation Trends

WilmerHale on

Generative AI continued to be a hot topic for privacy-related litigation in 2024. In the US, companies using and deploying this technology saw themselves subject to lawsuits under various state and federal theories of...more

Klein Moynihan Turco LLP

Refer a Friend Promotions? Get Consent!

On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more

Vedder Price

An Offer You Can’t Refuse: The FTC’s New “Click-to-Cancel” Rule

Vedder Price on

On January 14, 2025, the first part of the Federal Trade Commission’s (“FTC”) update to the Negative Option Rule went into effect. Negative options are contract terms that allow a seller to interpret a customer’s silence or...more

Mintz

Greenwashing Lawsuit Against Lululemon Dismissed by Federal Court

Mintz on

On February 18, 2025, Judge Bloom (S.D. Fla.) dismissed a lawsuit against Lululemon, the athleisure company, that centered upon allegations of greenwashing. Specifically, the plaintiffs here had contended “that Lululemon...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … Managing Import Risks Under the New Trump Administration (Part II): The...

Foley & Lardner LLP on

During his campaign, President Trump often stated that he would be implementing an “America First” international trade policy, which he said explicitly would include higher tariffs, potentially on imports from the entire...more

Harris Beach Murtha PLLC

Oregon Sticks with Existing Regulations to Govern AI (For Now)

The Oregon Department of Justice (DOJ) recently issued significant guidance detailing how the state's existing legal framework will regulate artificial intelligence, eschewing the need for immediate AI-specific legislation....more

Bradley Arant Boult Cummings LLP

FTC’s “Click to Cancel” Rule to Simplify Subscription Cancellations Becomes Effective

The final text of the amended Negative Option Rule, featuring the new “Click to Cancel” program, goes into effect this week on Wednesday, January 15, 2025, and should become enforceable approximately four months later on...more

Troutman Pepper Locke

Trademark Case Shows Infringement Is Often in the Eye of the Beholder — Federal Court Rules in Favor of Beauty Company’s “Dupe”...

Troutman Pepper Locke on

Conventional notions of trademark law suggest that emulating a popular product or service carries certain legal risks. However, a recent federal ruling highlights the complexities of trademark infringement cases involving...more

ArentFox Schiff

New Lawsuits Targeting Personalized AI Chatbots Highlight Need for AI Quality Assurance and Safety Standards

ArentFox Schiff on

The parents of two Texas children recently brought a lawsuit against Character Technologies, Inc., alleging that its chatbot, Character.AI, encouraged self-harm, violence, and provided sexual content to their children. They...more

Troutman Pepper Locke

Misleading Artificial Intelligence Claims by Marketer of Website Accessibility Widget Lead to $1 Million FTC Settlement

Troutman Pepper Locke on

On January 3, the Federal Trade Commission (FTC) issued a press release announcing that accessiBe Inc. and accessiBe Ltd. (collectively, accessiBe) agreed to pay $1 million to settle allegations of deceptive advertising...more

MoFo Tech

Dirty Data Damaging Deals – Data Issues in AI M&A

MoFo Tech on

2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of...more

Holland & Knight LLP

The Expected Impact of the Election and Republican Control of Congress on the FTC

Holland & Knight LLP on

The election of Donald Trump as president, combined with forthcoming Republican control of Congress, likely means significant change in how the Federal Trade Commission (FTC or Commission) is structured and approaches...more

Carlton Fields

Classified (Bi-)Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts July and August 2024

Carlton Fields on

The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions....more

Fisher Phillips

FTC’s New Click-to-Cancel Rule Means Your Business Needs to Simplify the Cancellation Process: 5 Steps to Stay Compliant

Fisher Phillips on

The federal government just fundamentally changed how businesses need to handle recurring subscriptions by unveiling its new “Click-to-Cancel” rule and making it mandatory to simplify cancellation processes. Designed to...more

Morgan Lewis

FTC Moves to Expand AI Deployment Oversight with ‘Operation AI Comply’

Morgan Lewis on

The Federal Trade Commission (FTC) on September 25, 2024 announced Operation AI Comply, targeting what the agency has characterized as the use of artificial intelligence (AI) “to supercharge deceptive or unfair conduct that...more

WilmerHale

Texas Attorney General’s Office Reaches Settlement with AI Company Over Deceptive Claims

WilmerHale on

On September 18, the Texas Attorney General (AG) announced a settlement agreement with Pieces Technologies, Inc. (“Pieces”), a Dallas-based healthcare artificial intelligence (AI) research and development firm, resolving...more

Holland & Knight LLP

Novel Settlement Reached in Generative AI Deceptive Trade Practices Healthcare Investigation

Holland & Knight LLP on

The state of Texas, by and through its Attorney General Ken Paxton, reached a first-of-its-kind settlement agreement with Pieces Technologies Inc. (Pieces) following an investigation into Pieces' alleged violations of the...more

Morrison & Foerster LLP - Social Media

Lose Your Illusion: District Court Holds That Unilateral Modification Clause Makes TOS Unenforceable

On August 8, 2024, the U.S. District Court for the Eastern District of Virginia in Lovinfosse v. Lowe’s Home Centers, LLP addressed the enforceability of an arbitration clause in Lowe’s terms of service, serving as a reminder...more

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

Ballard Spahr LLP

The Iliad Flows: Federal Judge Allows FTC “Dark Patterns” Suit Against Amazon to Proceed

Ballard Spahr LLP on

In a lengthy ruling, a Seattle federal judge has allowed the Federal Trade Commission (FTC) to proceed with its groundbreaking case alleging that Amazon’s Prime online subscription marketing tactics constituted deceptive...more

Venable LLP

California Releases FAQs on Complying with Impending Drip Pricing Law

Venable LLP on

Late last week, the California attorney general released Frequently Asked Questions regarding California’s “Honest Pricing Law” or “Hidden Fees Statute,” which will take effect July 1, 2024. The law is anticipated to have a...more

Venable LLP

Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations

Venable LLP on

Listen to Episode 11 of our podcast, the Ad Law Tool Kit Show. In this episode, former Venable partner Alexandra Megaris talks to host Len Gordon about state attorney general investigations. Check out the episode....more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

Carlton Fields on

The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

Willcox & Savage on

The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

135 Results
 / 
View per page
Page: of 6

"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