News & Analysis as of

E-Commerce Automatic Renewals

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

Ballard Spahr LLP

FTC Sues Amazon Alleging Deceptive Marketing Tactics for Prime Subscriptions

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The Federal Trade Commission (FTC) last week filed a civil case against Amazon alleging that the company used “manipulative, coercive, or deceptive user-interface designs known as ‘dark patterns’ to trick consumers into...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

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

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

Hinch Newman LLP

eCommerce Attorney Tips Regarding Recent Automatic Renewal Law Developments

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For years, the Federal Trade Commission has aggressively enforced the Restore Online Shoppers’ Confidence Act against digital marketers that offer Internet-based automatic renewals and subscriptions. In short, ROSCA requires...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

Proskauer Rose LLP

New York’s Broad Automatic Renewal Law (and the Accompanying Compliance Issues) Coming in February 2021

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New York has enacted a new law, effective February 9, 2021, regulating automatic renewal and some “free trial” type agreements. While some organizations may have already taken steps to be in compliance with industry...more

BCLP

Subscription-Based Business Models: An Overview of Auto-Renewal Regulations

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The demand for subscription-based and recurring revenue business models is growing faster than ever. According to a 2014 report by The Economist Intelligence Unit, 80 percent of customers are demanding new consumption models...more

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