News & Analysis as of

Subscription Services Unfair or Deceptive Trade Practices

Sheppard Mullin Richter & Hampton LLP

CFPB Cracks Down on Credit Services Provider for Gouging and Trapping Consumers

On September 13, the CFPB filed a complaint against a nonbank corporation and its CEO, alleging that the company engaged in deceptive and abusive acts through misleading advertising and unjustified, exorbitant fees related to...more

Venable LLP

Handle Autorenewal Programs with Care: Federal Trade Commission Targets Care.com for Alleged Dark Patterns and Earnings Claims

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Companies that care about avoiding Federal Trade Commission (FTC) action should take heed. Last month, the FTC announced an $8.5 million settlement with Care.com, resolving claims challenging its advertising claims and...more

Moritt Hock & Hamroff LLP

FTC Accuses Adobe Of Manipulating Customers Into Costly Subscriptions

Customers worldwide use Acrobat, Photoshop, Illustrator and other Adobe software to create content and manipulate images. Now, the Federal Trade Commission (FTC) is accusing Adobe of manipulating customers into subscription...more

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

Venable LLP on

These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

Alston & Bird

No Easy Way Out? Adobe and Executives’ Subscription Service Focus of FTC Action

Alston & Bird on

The Federal Trade Commission took action against Adobe and two of its executives. Our Consumer Protection/FTC Team outlines vital takeaways for companies and their executives in light of the FTC’s recent action....more

Ballard Spahr LLP

The Iliad Flows: Federal Judge Allows FTC “Dark Patterns” Suit Against Amazon to Proceed

Ballard Spahr LLP on

In a lengthy ruling, a Seattle federal judge has allowed the Federal Trade Commission (FTC) to proceed with its groundbreaking case alleging that Amazon’s Prime online subscription marketing tactics constituted deceptive...more

Venable LLP

Telemarketing Trial: Defendant Sweeps All Six Claims Against the FTC and Pennsylvania AG

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It’s not often we see defendants win a resounding victory against the Federal Trade Commission (FTC) and/or state attorneys general, especially after trial. But a recent opinion out of the Eastern District of Pennsylvania...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - April 2024

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...more

Venable LLP

New Year, New Rule: FTC to Review Updates to Negative Option Rule During January Informal Hearing

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In March, the Federal Trade Commission (FTC) asked for comments on a proposal to replace the Prenotification Negative Option Rule with a more expansive Negative Option Rule. Now that the FTC has had the chance to review those...more

Holland & Knight LLP

The FTC Takes Action Against the Amazon Prime Program

Holland & Knight LLP on

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Action Against the Amazon Prime Program," consumer protection attorney Anthony DiResta examines the recent actions that the Federal Trade Commission...more

Cozen O'Connor

FTC Alleges Cash Advance Provider’s Tactics Were a Bridge Too Far

Cozen O'Connor on

The FTC reached a proposed settlement with Bridge It, Inc. d/b/a Brigit, to resolve allegations that the personal finance app provider violated the FTC Act and the Restore Online Shoppers’ Confidence Act through deceptive...more

Proskauer - Minding Your Business

Amazon: The Prime Target in FTC Crackdown

On October 18, 2023, Amazon filed a motion to dismiss the Federal Trade Commission’s lawsuit alleging that the company deceived millions of consumers into nonconsensual Prime membership enrollment and thwarted members’...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

WilmerHale

FTC Targets "Dark Patterns" in Actions Against Amazon and Publishers Clearing House

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The Federal Trade Commission (FTC) in recent years has made clear its intention to adopt a more aggressive enforcement posture toward so-called dark patterns. The FTC defines unlawful dark patterns to include any online...more

Orrick, Herrington & Sutcliffe LLP

26 state AGs support FTC’s proposal on Negative Option Rule

On June 26, a coalition of 26 state attorneys general from New York, Pennsylvania, Alabama, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts,...more

Ballard Spahr LLP

FTC settles lawsuit against Publishers Clearing House involving alleged use of “dark patterns”

Ballard Spahr LLP on

Less than a week after announcing that it had filed a civil case against Amazon alleging that the company used “dark patterns” to enroll people in its Prime program, the FTC announced that it has entered into a settlement...more

Cozen O'Connor

AGs React Positively to FTC’s Proposed Negative Option Rule

Cozen O'Connor on

A coalition of 26 AGs filed a comment letter in support of the FTC’s proposed amendments to the Negative Option Rule, which is meant to prohibit the unfair or deceptive use of negative option marketing whereby a company takes...more

Locke Lord LLP

FTC Takes Action Against Amazon for ‎Alleged Deceptive Prime Subscriptions

Locke Lord LLP on

On June 21, 2023, the Federal Trade Commission (the “FTC” or the “Agency”) filed a complaint against Amazon for ‎multiple violations of the Restore Online Shoppers’ Confidence Act (ROSCA). The focus of the ‎FTC action alleges...more

Ballard Spahr LLP

FTC action against Amazon targets alleged use of digital dark patterns as unfair to consumers

Ballard Spahr LLP on

Last week, the FTC filed a civil case against Amazon alleging that the company used “dark patterns” to enroll people in its Prime program. The case continues a pattern initiated by FTC Chair Lina Khan of challenging...more

Ballard Spahr LLP

FTC Sues Amazon Alleging Deceptive Marketing Tactics for Prime Subscriptions

Ballard Spahr LLP on

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

Stradling Yocca Carlson & Rauth

Beware of the FTC’s Proposed Changes to The Negative Option Rule… There is a Potential Trojan Horse

Key Takeaways - In its current form, the Negative Option Rule covers only a narrow category of negative option marketing – prenotification negative option plans. The FTC’s proposed Rule seeks to synthesize all of the...more

McDermott Will & Emery

How the FTC’s Proposed Rule Could Affect Your Business

McDermott Will & Emery on

In March 2023, the Federal Trade Commission (FTC) proposed tightened requirements on the Negative Option Rule in an effort to combat unfair or deceptive practices such as recurring charges for products or services that...more

ArentFox Schiff

Top 10 Issues Facing Consumer Products Industry in 2023

ArentFox Schiff on

1. Consumer Law Reforms - 2023 will see an increase in class action lawsuits targeting per- and poly-fluoroalkyl substances (PFAS) in consumer products as more PFAS-limiting laws go into effect. Specifically, we expect food...more

Orrick, Herrington & Sutcliffe LLP

FTC proposes changes to Negative Option Rule

On March 23, the FTC announced a notice of proposed rulemaking (NPRM) seeking feedback on proposed amendments to the agency’s Negative Option Rule, which is used to combat unfair or deceptive practices related to...more

Morgan Lewis

FTC Makes It Easier to Say No with Proposed Rule to Limit Negative Option Marketing

Morgan Lewis on

The US Federal Trade Commission (FTC or Commission) proposes expanding the Negative Option Rule to all subscription agreements. The FTC, in a 3-1 vote with Commissioner Christine S. Wilson (R) dissenting, published a notice...more

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