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Subscription Services Contract Terms

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

Goodwin

Subscription-Secured Credit Facilities: Recent Developments in the US Market and Considerations for Real Estate Funds

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Fund-level subscription-secured revolving lines of credit are a well-established instrument in the toolkits of a variety of private equity fund sponsors and managers, including for venture capital funds, hedge funds, debt...more

Morgan Lewis - Tech & Sourcing

Back to Basics: The Use and Purpose of Defined Terms

There are many basic contracting principles that can help streamline and create a readable and clear contract, including the proper use of defined terms. Consistent with the phrase, a defined term is a word or term, often...more

Locke Lord LLP

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

Orrick, Herrington & Sutcliffe LLP

Connecticut implements measures for auto-renewals

On June 28, the Connecticut governor signed HB 5314 (the “Act”), enacting measures relating to automatic renewal offers and consumer agreements. The Act, among other things, includes newly defined terms such as “automatic...more

Hogan Lovells

The UK’s new requirements for subscription contracts with consumers – DMCC Bill Deep Dive Part 3

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While unfair practices trapping consumers in unwanted subscriptions have been addressed under existing consumer law, the Digital Markets, Competition and Consumers Bill introduces a new set of requirements which are specific...more

Orrick, Herrington & Sutcliffe LLP

The UK’s Proposed Laws to Tackle Consumer Subscription Traps – 5 Things You Need to Know

On 25 April 2023, the United Kingdom (UK) government introduced the long-awaited Digital Markets, Competition and Consumers Bill (Bill) into Parliament. Along with some significant changes to the enforcement powers of the UK...more

BCLP

The Digital Markets, Competition and Consumer Bill: Taking a closer look at the impact on subscription contracts

BCLP on

The draft of the Digital Markets, Competition and Consumers Bill (the “Bill”) was published last week, and among the many objectives, it aims to drive high standards of consumer protection. One area which has attracted much...more

Kelley Drye & Warren LLP

Two Firsts for FTC Civil Penalty Enforcement: ROSCA for Automatic Renewals and Penalty Offense Authority for Money-Making Claims

On Friday, the FTC announced what would ordinarily be an unremarkable enforcement action against a company for unsubstantiated earnings claims. The FTC alleges that WealthPress, an investment advice company purporting to...more

Troutman Pepper

Washington AG Surveys Consumers About Auto-Renewal Subscription Services With Enforcement Actions Likely to Follow

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On October 10, Washington Attorney General Bob Ferguson issued a consumer alert, sharing a consumer survey that revealed 59% of Washingtonians may have unintentionally enrolled in subscription plans. The press release...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

Venable LLP

State Automatic Renewal Laws Are Starting to Look Like a Patchwork Quilt as the FTC Expands Enforcement of ROSCA

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With several new state laws effective in 2022, it is becoming increasingly difficult for businesses to develop baseline compliance protocols across federal and state automatic renewal laws. Against this backdrop, federal...more

Davis Wright Tremaine LLP

Recurring Online Subscriptions Face a New Arbitration Standard in California

In a case of first impression, the California Court of Appeal, Fourth District (San Diego), considered "under what circumstances a 'sign-in wrap' agreement … is valid and enforceable" between consumers and online companies...more

Troutman Pepper

Automatic Renewal State Law Changes Effective January 1, 2022

Troutman Pepper on

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

Manatt, Phelps & Phillips, LLP

Renewing Compliance With Automatic Renewal Laws

As the use of automatic renewal subscriptions continues to increase, four states have recently contributed to the regulatory landscape. Below is what marketers need to know about the changes in California, Colorado, Delaware...more

Fenwick & West LLP

Changes to California’s Automatic Renewal Law May Require Updates for Subscription Service Providers

Fenwick & West LLP on

Subscription services face increased scrutiny from regulators, lawmakers and the plaintiffs’ bar. As we highlighted in a recent client alert, the FTC warned companies against using “dark patterns” in connection with paid...more

Foley & Lardner LLP

5 Legal and Privacy Hacks to Supercharge Product-Led Growth

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When it comes to addressing legal and privacy issues, to date there has been little distinction between PLG and traditional SaaS companies. But in fact, PLG companies will encounter unique legal and privacy hurdles that...more

Kelley Drye & Warren LLP

California Updates its Automatic Renewal Law

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In 2017, California updated its automatic renewal law to create some of the strictest requirements in the country. Now, just four years later, the Governor Newsom signed a new law that will impose even stricter requirements....more

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