The Bottom Line The FTC’s complaint, and the district court’s response, highlight the continuing regulatory scrutiny into negative option marketing practices and the importance of disclosing the material terms of an offer in a clear and conspicuous manner to consumers before they pay or incur a Continue Reading
Internet Vendors Now Face New Tax Obligations in Massachusetts
The Bottom Line Internet marketers and vendors with customers in Massachusetts, Ohio and Rhode Island should pay particular attention to the new regulation and legislation that expands the tax nexus for out-of-state vendors making Internet sales in those states. Vendors should consult with a tax Continue Reading
Local Challenges to Automatic Renewal Programs Continue in California: Now, the Beachbody Case
The Bottom Line As the Beachbody case illustrates, businesses must clearly disclose to consumers the terms of auto-renewal programs and should obtain their express, affirmative consent before collecting any payments. Many states, as well as the federal government, have laws that address this Continue Reading
ADA Requires Online Businesses To Make Their Websites Usable By The Disabled
The Bottom Line Businesses with an online presence, and those agencies designing and building websites for businesses who sell goods and/or services online, should review their websites for ADA compliance. Companies should further explore technology available to make their websites accessible to Continue Reading
First Circuit Requires Identifiable Injury for Claims Asserting Deceptive Retailer “Compare At” Prices
The Bottom Line Recent decisions from the First Circuit reign in consumers' ability to bring actions alleging false advertising in retailers' "Compare At" pricing, unless a consumer can demonstrate actual, identifiable harm separate from the mere purchase of a good in order to claim damages. Continue Reading
FTC Brings First Ever Enforcement Action Against Individual Social Media Influencers; Updates Warnings and Guidance for Influencers and Marketers
The Bottom Line The FTC’s action against Martin and Cassell and the new round of FTC warning letters make clear that the FTC will bring actions against influencers who violate the Endorsement Guides. Consequently, all parties involved in influencer marketing, from marketers, agencies, influencer Continue Reading
Possibility Defeats Practicality: Federal Court of Appeals Limits Class Action Defense Regarding Infeasibility of Ascertaining Class Members
The Bottom Line Given the split among several courts of appeal, Petrobras will not be the last word on ascertainability in class action suits. Indeed, this fall, the U.S. Supreme Court will consider a petition for certiorari regarding the certification of a plaintiff class allegedly lacking Continue Reading
Two Recent Court Rulings Signal Important Developments in ERISA Excessive Fee Litigation
The Bottom Line The recent decisions in Wells Fargo and Chevron offer plan sponsors and fiduciaries some guidance with respect to defending against ERISA fee litigation. Plan sponsors and fiduciaries need to continue to ensure that they engage in a deliberative and Continue Reading
New York State Adopts Final Paid Family Leave Regulations
The Bottom Line Employers should review their existing family and medical leave policies and handbooks to ensure that the specifics of PFL are included by January 1, 2018.Employers should also contact their disability insurance providers to discuss a PFL rider. On July 19, 2017, the New York Continue Reading
FTC Reviews Rules, including CAN-SPAM, to Keep Pace with Changing Times
The Bottom Line The FTC has announced its plans to review the Picture Tube Rule, the Textile Rules, the Energy Labeling Rule and the CAN-SPAM Rule. These rules aim to protect consumers while promoting healthy competition between businesses. The FTC's regulatory review is part of its ongoing effort Continue Reading