With 10 days left in the Biden administration, the Consumer Financial Protection Bureau (CFPB) proposed a new interpretive rule on the applicability of the Electronic Fund Transfer Act (EFTA) and Regulation E to “new and...more
The new year will bring new laws in California. In addition to laws addressing generative AI training data, digital replicas, and deepfakes, there will also be new and amended laws imposing requirements on businesses that...more
The customer service agent sympathetically responding to your chat messages about a delayed order, the player fiercely competing against you in an online match, the coach sending you motivational messages and workout advice:...more
On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and...more
4/16/2024
/ Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Digital Marketplace ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Financial Transactions ,
Fraud ,
Risk Assessment ,
Social Media ,
Third-Party ,
Unfair or Deceptive Trade Practices ,
Video Games ,
Virtual Reality
As the subscription economy continues to grow towards a predicted $1.5 trillion by 2025, the number of laws and regulations with which a business offering subscriptions must comply also continues to grow. The focus of these...more
The Federal Trade Commission (FTC) recently announced a notice of proposed rulemaking to expand its “Negative Option Rule” to apply to all recurring subscription programs (Proposed Amendment). The Proposed Amendment would...more
When we published our first XR survey report in 2016, major media outlets were still skeptical about whether XR, or Extended Reality, would live up to the hype, and industry respondents cited a lack of compelling content,...more
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
10/14/2022
/ Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Notice Requirements ,
State and Local Government ,
Subscription Services ,
Terms and Conditions ,
Trial Plan
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
2/4/2022
/ Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Internet Marketing ,
Marketing ,
Notice Requirements ,
Privacy Laws ,
Risk Mitigation ,
ROSCA ,
Subscription Services ,
Terms and Conditions ,
Trial Plan
COVID-19 has wreaked havoc on the entertainment industry, creating massive disruptions across many industry sectors. In the first two parts of this three-part series, we looked at the pandemic’s impact on the film and...more
The Entertainment Software Ratings Board (ESRB) issued a new labeling requirement for games containing “loot boxes” in April 2020. As discussed in more detail below, these games must be labeled with “In-Game Purchases...more
It’s hard to know what to give to everyone on your list this holiday season. For the 13th year in a row, the National Retail Federation found gift cards are the most popular item on holiday wish lists, requested by 59% of...more
As of January 1, 2019, video game developers and publishers are now subject to certain accessibility requirements under the Twenty-First Century Communications and Video Accessibility Act (CVAA) that apply to manufacturers...more
What do the manufacturer of a military-grade light tactical wheeled vehicle and a 19th century private-detective agency have in common? Each has recently been involved in litigation with a video game developer for infringing...more
Augmented reality (AR) and virtual reality (VR) are showing clear signs of a growing industry—with increased investment, exciting new content (and types of content) and technological advancements. But with growth comes new...more
From fashion clothing in the mail to gym memberships to monthly mobile app subscriptions, the subscription-based business model is everywhere and here to stay. As more companies adopt this model, states around the country...more
10/20/2017
/ Auto-Renewal ,
Choice-of-Law ,
Disclosure Requirements ,
Good Faith ,
Internet Retailers ,
Limitation of Liability Clause ,
Mandatory Arbitration Clauses ,
State and Local Government ,
Subscription Services ,
Terms and Conditions ,
Unfair Competition Law (UCL)
Could 2016 be the year when augmented reality (AR) and virtual reality (VR) finally take off?
The launch of Pokémon Go in July took the world by storm, with downloads of the AR game reaching more than 100 million within...more
Based on their interpretation of Washington state gambling laws, many fantasy sports game operators do not allow players from Washington to participate in pay-to-play fantasy sports games. Game operators and players alike...more
On January 8, 2013, the Supreme Court of the State of New York conducted a hearing in a criminal case that may cause concern among software developers whose software could be used for illegal activities. ...more