News & Analysis as of

E-Commerce Subscription Services

American Conference Institute (ACI)

[Event] 8th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation - February 6th - 7th, New York, NY

Join 100+ cross-industry advertising practitioners for comprehensive panel discussions, practical case studies and valuable insights on how to successfully navigate today’s new era of advertising at ACI's 8th Annual Legal,...more

Katten Muchin Rosenman LLP

Cancel Culture - Kattison Avenue | Issue 13

The FTC's new rule makes it easier for consumers to cancel subscriptions and memberships they no longer want. The Federal Trade Commission (FTC) introduced a "click-to-cancel" rule on October 16, amending the 1973...more

Brownstein Hyatt Farber Schreck

FTC Finalizes “Click-to-Cancel” Rule Making It Easier for Consumers to Cancel Subscriptions

On Oct. 16, the Federal Trade Commission (FTC) voted 3-2 to finalize its “click-to-cancel” rule that will introduce new requirements to simplify the cancellation process for consumers wishing to terminate their subscriptions...more

Wilson Sonsini Goodrich & Rosati

Subscription and Auto-Renew Offerings Face New Hurdles: FTC Issues Broad “Click-to-Cancel” Rule Imposing Nationwide Requirements

Companies that automatically renew customers’ subscriptions or memberships, take note. On October 16, 2024, the Federal Trade Commission (FTC) announced sweeping amendments to the Negative Option Rule, which would apply to a...more

WilmerHale

The FTC Cracks Down on Unfair and Deceptive Practices Involving the Use of AI

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On September 25, 2024, the Federal Trade Commission (FTC) announced the launch of “Operation AI Comply,” an initiative created to tackle unfair and deceptive business practices involving the use of artificial intelligence...more

Klein Moynihan Turco LLP

California Sets Standard with Automatic Renewal Law Amendments

Governor Gavin Newsome signed AB2863 into law on September 24, 2024, amending California’s automatic renewal law – making it the most stringent state measure in the United States. As businesses that operate online are aware,...more

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

Perkins Coie

Great Cancellations: Kentucky’s New Subscription Law and FTC’s Expansion of the Negative Option Rule

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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

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

BakerHostetler

AD-ttorneys@law - April 2023

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U.S. Copyright Office Keeps AI Out in the Cold - Only humans can copyright, Office says - Daisy, Daisy, Give Me Your Answer True - The Copyright Office has weighed in with long-anticipated statement of policy...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

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Venable LLP

Payment Processors: Are You Prepared to Uncover "Dark Patterns"?

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Risk management personnel who underwrite e-commerce merchants should have some basic understanding of the types of online merchant marketing and sales practices that are deceptive and misleading....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

Womble Bond Dickinson

Sneaking into the Data Business

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If you are not paying for a service on the Internet, you are the product being sold to paying customers. But if you are paying for the service, can you be the product too? Of course....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

Foster Garvey PC

Online Travel Update: Marriott and Rakuten announce partnership; Sonder continues to expand distribution network; Expedia combines...

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This week’s Update features a variety of stories, including stories regarding Expedia’s planned roll up of its loyalty programs and Marriott’s recently announced loyalty program partnership with Japanese e-commerce platform,...more

Morrison & Foerster LLP

New “Two-Click Cancellation” Button – German Exceptionalism for Subscription Terminations

As part of the new Fair Consumer Contracts Act, Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. These mechanisms come on top of the updated EU-wide consumer contract rules...more

Stinson - Corporate & Securities Law Blog

Buyer Potentially Liable for Earnout Even Though it had Right to Operate Target in its Discretion

In Shareholder Representative Services LLC v Albertsons Companies, Inc., the aggrieved former shareholders of DineInFresh, Inc., d/b/a Plated, sought recovery of earnout consideration from Plated’s acquirer, Defendant,...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

Robins Kaplan LLP

Financial Daily Dose 9.1.2020 | Top Story: Walmart to Roll Out Shipping Membership to Challenge Amazon’s Prime Dominance

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Walmart is again preparing to roll out its answer to Amazon Prime: Walmart+, a sub-$100/year membership service that features gas discounts and some free shipping (at qualifying thresholds)....more

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