Podcast - The FTC's Click to Cancel Proposal
Autorenewals Crossover Episode with The Crypto Exchange - The Consumer Finance Podcast
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
What trends are shaping consumer protection in 2024? From kids on social media to fake reviews and junk fees, state AGs are working across state (and partisan) lines on initiatives that promise to mold the consumer...more
It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more
In March, the Federal Trade Commission (FTC) asked for comments on a proposal to replace the Prenotification Negative Option Rule with a more expansive Negative Option Rule. Now that the FTC has had the chance to review those...more
On November 30, Massachusetts Attorney General Andrea Campbell (the “AGO”) unveiled a new proposed rule regulating “junk fees” and consumer subscriptions (the “Proposed Rule”). The Proposed Rule in large part mimics, and in...more
On November 30, Massachusetts Attorney General Andrea Joy Campbell announced proposed regulations that would require businesses to clearly disclose the total price of a product at the time it is presented to consumers,...more
On September 8, the FTC’s Chief Administrative Law Judge (“ALJ”) issued an initial decision finding that a company providing tax filing software services engaged in deceptive advertising practices in violation of Section 5 of...more
Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more
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
Retailers and service providers should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions,...more
Last month, the National Advertising Division of BBB National Programs reviewed Pier 1’s subscription rewards program and recommended that the company provide clearer disclosures of the automatic renewal program. The...more
If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more
TINA.org recently announced that it had filed complaints with the FTC and the Connecticut Department of Consumer Protection, urging them to investigate Hello Fresh’s marketing practices related to a campaign advertising...more
New rules require reminders just before yearlong subscriptions renew or 32+-day free trials convert to paid subscriptions. If your business provides automatically renewing subscriptions to consumers, California will soon...more
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
‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims. Ring in the new year with these top five U.S. advertising and marketing law takeaways. 1....more
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
Ring in the new year by avoiding marketing practices that could result in class actions, regulatory enforcement actions, and competitor claims. Here are five advertising and marketing law takeaways for brands and legal teams...more
With the turn of the calendar, the beginning of the new year, and the collective making of resolutions, it is also a good idea to understand the biggest legal risks that companies may confront in the near- and long-term....more
NAD Praises Baby Tech Manufacturer, Makes Small Tweaks - But what makes the product special? Is it more than data? “Back in My Day …” The following gripe has nothing to do with age....more
Joining the recent trend of jurisdictions stepping up oversight of automatic renewal laws, North Dakota has enacted a measure regulating auto renewal provisions in the state....more
Companies that offer subscription-based plans should mark their calendars for July 1, when changes to California’s Automatic Renewal Law take effect....more
In This Issue: - FTC Enforcement Action Slain by 11th Circuit - Chris Farley IP Holder Settles With Bike Company - California Pushes Auto-Renewal Regs in New Directions - Plaintiff Should Cop to COPPA, Google Claims -...more
To end an action filed by a California city attorney and several district attorneys who challenged its automatic renewal practices, eHarmony agreed to pay up to $2.2 million in penalties and restitution....more
Advertisers, take note: California recently enacted changes to the law governing automatic renewal programs. Enacted in 2010, the California Automatic Renewal Law (ARL) mandated that companies clearly disclose the material...more