News & Analysis as of

Websites Unfair or Deceptive Trade Practices

Seyfarth Shaw LLP

Federal Trade Commission Orders accessiBe to Pay $1M For Misleading Claims Relating to Automated Website Accessibility Remediation...

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The FTC issued a Decision and Order prohibiting accessibility plug-in/Widget vendor AccessiBe from making misleading claims and to pay $1 million....more

Robinson+Cole Data Privacy + Security Insider

FTC Settles With accessiBe For Misleading Statements About WCAG Compliance

The Federal Trade Commission (FTC) announced on April 22, 2025, that it has approved a settlement entered into a Final Order with accessiBe, which claimed its plug-in product, accessWidget, “can make any website compliant...more

Jones Day

ACCC Conducts Sweep of Online Statements for Compliance with Australian Consumer Law

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The Australian Competition and Consumer Commission ("ACCC") recently announced that it had conducted a sweep of more than 2,000 Australian retail websites that found some businesses' return policies and website terms and...more

BakerHostetler

The ‘Best’ Super Bowl Ad

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We’re not going to actually wade into that no-win conversation. But there was a Super Bowl ad about whether a company can say it’s the “best” – it even featured a bunch of lawyers. Maybe advertising lawyers, though judging by...more

Hudson Cook, LLP

FTC Targets Accessibility Overlays

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On January 3, 2025, the Federal Trade Commission ("FTC") announced a proposed $1,000,000 settlement with accessiBe Inc. and accessiBe Ltd. accessiBe is a software provider that sells an AI-powered web accessibility tool...more

Miller Canfield

More Than Child's Play: $520 Million FTC Settlement Signals Risks for Digital Platforms

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For years, one of the world’s most popular online video games, Fortnite, profited from in-game purchases (or “microtransactions”) that, according to the Federal Trade Commission (“FTC”), were unlawful and deceptive. Although...more

Troutman Pepper Locke

Misleading Artificial Intelligence Claims by Marketer of Website Accessibility Widget Lead to $1 Million FTC Settlement

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On January 3, the Federal Trade Commission (FTC) issued a press release announcing that accessiBe Inc. and accessiBe Ltd. (collectively, accessiBe) agreed to pay $1 million to settle allegations of deceptive advertising...more

K&L Gates LLP

Emma Sleep Hit Snooze on CMA’s Guidance and Got a Rude Awakening—a Warning for Online Traders to Check Their Sales Tactics Are...

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In the lead-up to Black Friday, online traders should take heed of the latest laws governing online pricing practices and displays to avoid being “marked down” by the regulators, who are flexing their muscles in this space....more

Cozen O'Connor

Minnesota Sues over Real Estate Agreements

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Minnesota AG Keith Ellison sued MV Realty PBC, LLC, MV Realty of Minnesota, LLC, and their individual founder (“collectively, “MV Realty”), alleging that the companies deceptively marketed real estate agreements containing...more

Troutman Pepper Locke

NY Attorney General Issues Guides for ‎Website Privacy Controls and Tracking

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On July 30, 2024, New York Attorney General Letitia James announced two new privacy guides that could affect your business, a Business Guide to Website Privacy Controls and a Consumer Guide to Web Tracking....more

Sheppard Mullin Richter & Hampton LLP

NY AG Releases Website Privacy Guides for Businesses and Consumers

New York Attorney General Letitia James recently released guidance for businesses and consumers about website tracking technologies. The consumer guide provided examples of common cookies, tracking technologies, and how...more

Fox Rothschild LLP

Companies Beware: New York Attorney General Targets Websites That Track Visitors

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Recently, the Office of the New York State Attorney General (OAG) issued an advisory warning business that website tracking technology may violate New York consumer protection laws, including the state’s Uniform Deceptive...more

Troutman Pepper Locke

District of Columbia AG Sues StubHub for Alleged “Dark Patterns” and Hidden Fees

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On July 29, the attorney general (AG) for Washington, D.C. sued StubHub, Inc. (StubHub) for violations of the district’s Consumer Protection Procedures Act. The complaint accuses StubHub of employing “dark patterns,”...more

Ballard Spahr LLP

Is your direct-to-consumer company using “dark patterns” on its website?

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Navigating the virtual marketplace has become an integral part of the consumer experience in the digital age. Lurking behind the convenience and accessibility of e-commerce websites, however, lies a subtle yet pervasive...more

Clark Hill PLC

Children’s Data Update: From FTC and State Agency Enforcement to KOSA Advancing the Senate

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On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more

Sheppard Mullin Richter & Hampton LLP

We Don’t Use Dark Patterns!? FTC and Consumer Protection Networks Review Suggests You Might

In its ongoing concern with “dark patterns,” the FTC recently announced results of two reviews of sites and apps purportedly engaging in the practice. As a reminder, the FTC views as “dark patterns” practices or web designs...more

Quarles & Brady LLP

Privacy Priorities for 2024 (and Beyond)

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The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon....more

Epstein Becker & Green

Influencers, Brand Ambassadors and Marketers Take Note – FTC Has Finalized Updates to Its Endorsement Guides

In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are...more

Shipkevich PLLC

FTC Launches Massive “Operation Stop Scam Calls” Initiative: Focusing on “Consent Farm” Lead Generators and Robocallers

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On July 18, 2023, the Federal Trade Commission (FTC) announced that the FTC, along with over 100 federal and state law enforcement partners, have launched an extensive campaign named "Operation Stop Scam Calls" to combat the...more

Katten Muchin Rosenman LLP

Federal Trade Commission Updates Endorsement Guides and Proposes New Rule on Consumer Reviews

The Federal Trade Commission (FTC) has news for advertisers: for internet and social media disclosures to be effective, they must be “unavoidable.” On June 29, the FTC released final revised Endorsement Guides, the first...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Decision in Live Nation and Ticketmaster’s Favor Highlights Subtleties of Drafting Enforceable Arbitration...

In Oberstein v. Live Nation Ent. Inc. No. 21-56200 (9th Cir. Feb. 13, 2023), the Ninth Circuit addressed the question of whether the arbitration and class action waiver clauses on Ticketmaster’s and Live Nation’s websites...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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

International Lawyers Network

FTC Staff Report Brings Dark Patterns to Light

Trick or treat? The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting...more

Venable LLP

Gig Platforms, Wake Up. All Eyes Are Upon You.

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Constant connectivity through smartphones has ushered in a new way for small businesses to connect with potential customers and gig workers looking for flexible employment. The emergence of companies like Uber, GrubHub,...more

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