The Bottom Line The FTC’s guidance for marketers, online retailers and review platforms emphasizes the need for truthfulness in the collection, moderation and publication of consumer reviews.“Suppression” of negative reviews may qualify as a deceptive practice and alleged “suppressors” could face Continue Reading
The Top 10 Advertising and Marketing Issues to Watch for in 2022
The Bottom Line All marketers should examine their current practices to ensure that they can comply with updated laws and guidance. We will continue to monitor compliance and enforcement trends throughout 2022. 2022 has the potential to be a major year for the advertising and Continue Reading
Negative Option Marketing
FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”
The Bottom Line Negative option sellers should review their practices (including website flows, consent disclosures, and cancellation methods) to ensure compliance with this updated guidance.Most importantly, companies should determine whether the consumer consent being obtained is consistent Continue Reading
CCPA Enforcement Priorities Include Loyalty and Rewards Programs
The Bottom Line Promotional practices, such as loyalty and reward programs, have unique disclosure obligations under the CCPA.With enforcement actions ramping up in California, and new privacy laws on the horizon, it is important for companies to have all of their marketing practices reviewed in Continue Reading
Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law
The Bottom Line The New York Automatic Renewal Law (ARL) has arrived, and it covers B2C subscription contracts.Marketers offering New York consumers goods or services on a subscription or automatic renewal basis should review their negative option/auto-renewal program practices to ensure Continue Reading
Intellectual Property Law Section: Annual Meeting 2021 | Hot Topics in Advertising & IP for E-tailers
Davis+Gilbert is a proud sponsor of the New York State Bar Association Intellectual Property Law Meeting on January 20 – 26. Devin Kothari, Davis+Gilbert Intellectual Property + Media partner, will be a panelist during a session titled, “Hot Topics in IP and Advertising Law for E-tailers" on Continue Reading
FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement
The Bottom Line The FTC has made it clear that it will not tolerate deceptive negative option and billing practices and will enforce heavy penalties on companies that do not comply with the law.Marketing practices for online subscriptions services need to be transparent and truthful. Consumers must Continue Reading
E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing
7th Edition: Trends in Marketing Communications Law If you look at your credit card statements, chances are that you have one or more recurring monthly or annual charges, whether for media subscriptions, meal delivery services, workout apps, cosmetics shipments or clothing rentals. Subscription Continue Reading
Davis+Gilbert Counsel 2U® Advertising + Marketing Webinar | From Retail to E-Tail: Key Legal Issues for Retailers in a Digital World
The world of e-commerce is more prevalent now than ever. In the face of the COVID-19 pandemic, many retailers are taking steps to attempt to shift their business online, while existing e-tailers may be dealing with a surge in supply and demand chain issues. The world of "e-tail," however, is Continue Reading