News & Analysis as of

Consumer Contracts Contract Terms Cancellation Rights

Kohrman Jackson & Krantz LLP

Avoiding Legal Pitfalls: Understanding Ohio’s Home Solicitation Sales Act

Are you a contractor who sells services directly to customers at their homes or outside your ordinary place of business? If so, do you know about Ohio’s Home Solicitation Sales Act? Understanding this law is crucial, and if...more

Venable LLP

Subscription Sellers Take Note: New Tariffs Could Hit You Hard and Require You to Notify Customers

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Every company will be impacted by the new import tariffs, as they increase manufacturing costs. However, companies selling on an autorenewal basis could disproportionately feel the impact and should proceed with caution...more

Cooley LLP

Government Reveals New Proposals for Incoming Subscription Contracts Regime Under DMCC Act

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In our last update on the Digital Markets Competition and Consumer Act (DMCC Act), we outlined some of the key consumer protection enhancements set to come into force in the UK. In particular, the DMCC Act sets out new rules...more

Venable LLP

California Amends Autorenewal Law, with Stricter Consent Requirements and a “One Save” Rule: Fast VAST Update

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This week, California amended its automatic renewal and continuous service offer law (ARL). Key provisions include the addition of “free-to-pay conversions,” consent obligations, misrepresentation prohibitions, request for...more

Kelley Drye & Warren LLP

California Updates Its Automatic Renewal Law (Again)

Automatic renewals continue to be a big priority for state regulators. When companies work to develop strategies to comply with the growing patchwork of specific state laws in this area, they often start by looking at...more

BCLP

The DMCCA: Taking a Closer Look at the Impact on Subscription Contracts

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The Digital Markets, Competition and Consumers Act 2024 (DMCCA) has recently received royal assent, following the announcement of the July General Election. We examine the key developments in our previous article. One very...more

Troutman Pepper Locke

Compliance Tips on State Automatic Renewal Contract Laws

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During the last several years, many states have adopted automatic renewal contract, or ARC, laws for the protection of consumers, driven in large part by new subscription-based contracts sold in digital distribution and...more

Venable LLP

Your 2024 Outlook: California’s Enforcement Trends and New State Laws Governing Automatic Renewal Programs

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It’s that time of year again. Regardless of what you call them—subscriptions, negative option programs, automatic renewals, or continuous service offers—states are continuing to enact and enforce new laws with increasingly...more

Orrick, Herrington & Sutcliffe LLP

New York State enhances the consumer notification obligations on automatic renewals

Recently, the State of New York enacted SB 5941-B (the “Act”), which revises the general business law, focusing on the obligation of businesses to inform consumers about an impending automatic renewal or continuous service...more

Kelley Drye & Warren LLP

Washington AG Signals Enforcement on Automatic Renewals

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Earlier this week, we posted that a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The complaint alleges that the NFL used “dark patterns” to enroll consumers in its NFL+...more

Kelley Drye & Warren LLP

NFL Hit with Automatic Renewal Lawsuit (and Hyperbole)

Kelley Drye & Warren LLP on

Last week, a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The plaintiff alleges that the company used deceptive practices to automatically subscribe its Game Pass users to a...more

Akerman LLP

Amendments to California’s Automatic Renewal Law Take Effect

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Amendments to California’s automatic renewal law (ARL) enacted in October 2021 go into effect today, July 1, 2022. The amendments add enhanced procedural requirements related to the cancellation of subscription-based products...more

Polsinelli

Subscription Service Businesses Take Notice: Amendments to California’s Automatic Renewal Law Are Here

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Subscription service providers should be aware of the various changes coming to California's automatic renewal law. California’s already stringent laws governing recurring subscription programs are about to become even more...more

Faegre Drinker Biddle & Reath LLP

Summer 2022 Automatic Renewal Law Update: Changes in California, Idaho, Tennessee, Florida and Virginia

The first half of 2022 saw significant activity affecting the state automatic renewal laws (ARLs) that regulate continuing or renewing contracts: • Lawsuits were filed against prominent companies such as Amazon and...more

Ballard Spahr LLP

Colorado’s New Auto-Renewal Law

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Businesses with automatic renewal contracts—including subscriptions—should take note of Colorado’s new law that went into effect earlier this year on January 1, 2022. While companies subject to other state’s auto-renewal...more

Kelley Drye & Warren LLP

Noom to Pay Over $60M to Cancel Automatic Renewal Suit

In several recent posts and a webinar, we’ve talked about how the FTC and state AGs are focusing on automatic renewals. A series of new laws and investigations show that this continues to be a hot topic for both lawmakers and...more

Troutman Pepper Locke

Automatic Renewal State Law Changes Effective January 1, 2022

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Colorado and Delaware have enacted new laws for automatic renewal or negative options offers. The new laws became effective January 1, 2022. Illinois already has a law on the books related to automatic renewals but has...more

Faegre Drinker Biddle & Reath LLP

Fall 2021 Automatic Renewal Law Update: New Requirements in California, Delaware and Illinois

Automatically renewing contracts — which have become increasingly popular for the convenient, uninterrupted delivery of goods and services they provide — continue to be targeted by state legislatures concerned about...more

Morgan Lewis - Tech & Sourcing

Considerations for Autorenewal Provisions

Autorenewal provisions (sometimes referred to as evergreen provisions) are common in commercial agreements for the provision of technology and related services. Vendors may want their agreements to autorenew to save time...more

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