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Buy Now: Avoiding the Pitfalls of Online Retailing

Practising Law Institute | One-Hour Briefing | The FTC’s Proposed Updates to the Negative Option Rule: What Marketers Need to Know

Quick Details Date | July 26, 3:00 PM ET Location | Online Webinar Presenter Paavana L. Kumar, Partner, Advertising + Marketing Session Overview In this session for Practising Law Institute, key proposed changes will be discussed relating to the FTC's proposed sweeping revisions to Continue Reading

Buy Now: Avoiding the Pitfalls of Online Retailing, Emerging Issues, Event - July 26, 2023

A Prime Example of Dark Patterns? FTC Sues Amazon for Use of “Dark Patterns” in Prime Enrollment

The Bottom Line: The FTC’s lawsuit is likely to be the first of many alleging the use of “dark patterns” in e-commerce and is instructive as to the specific types of practices the FTC will find deceptive in the future.Against the backdrop of the FTC’s revisions to the Negative Option Rule, the Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge - June 26, 2023

SUBTA SubSummit 2023 | “Maximize Your Brand—But Don’t Forget About the Law! The Legal Minefields of Influencer Marketing, Content Streaming, Free Trials and More”

Quick Details Date | June 1, 9:30 AM CT Location | Sheraton Downtown Dallas, New Orleans Theater Presenter Paavana L. Kumar, Partner, Advertising + Marketing Session Overview Subscription-based companies are constantly building on strategies to capitalize on interactive influencer Continue Reading

Are Your Influencers Putting You at Risk?, Buy Now: Avoiding the Pitfalls of Online Retailing, Emerging Issues, Event - June 1, 2023

FTC Orders The Bountiful Company to Pay $600,000 in Fines in First Case Challenging “Review Hijacking”

The Bottom Line Review hijacking can result in a misperception that consumers have reviewed and endorsed products that they have not actually used. Brands should be mindful when creating relationships between products or integrating new products or formulations onto webpages for existing Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing - April 21, 2023

From Record Clubs to Retail Subscriptions: FTC Proposes Significant Expansion of Negative Option Rule

The Bottom Line The FTC is seeking public comment on sweeping proposed revisions to the Negative Option Rule that could significantly update the rule to govern negative option offers in all forms of media.The FTC is hyper-focused on the subscription economy. E-commerce sellers, telemarketers and Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing - March 29, 2023

Top 10 Advertising and Marketing Issues for 2023

The top advertising and marketing issues this year are largely focused on one theme: Protection. Marketers will need to be aware of various trends that could threaten their intellectual property rights, reputations and market shares. Meanwhile, regulators are focusing on ensuring consumers — Continue Reading

Alert, Are Your Influencers Putting You at Risk?, Balancing Compliance and Creativity in Regulated Industries, Buy Now: Avoiding the Pitfalls of Online Retailing, Exploring the Metaverse and Web 3.0 – More than Crypto and NFTs, Getting in the Game of College Athletics, Media and Marketing - January 24, 2023

FTC Staff Report Brings Dark Patterns to Light

The Bottom Line Dark patterns continue to be an area of focus for the FTC.In the absence of new laws at the federal level, the FTC will use its ability to bring enforcement actions to stop dark patterns that they deem deceptive or unfair.Companies should review design techniques and ensure that Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge - October 12, 2022

First CCPA Enforcement Action’s $1.2 Million Fine to Sephora is a Wakeup Call for the Ad Tech Industry

The Bottom Line The first substantial CCPA enforcement action should be a wakeup call for the advertising industry. California is aggressively policing the industry and looking closely at the third-party tracking mechanisms used on sites. With the CPRA just around the corner, more Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies, The Fine Print: Stay in Compliance without Losing Your Edge - August 30, 2022

California’s Amended Automatic Renewal Law Takes Effect July 1, 2022: What Subscription-Based Companies Need to Know

The Bottom Line Starting July 1, California’s amended automatic renewal law will become effective.The amended law includes additional notice and cancellation requirements for both free trials and automatically renewing plans, as well as an emphasis on affording consumers an “immediate” means of Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge - June 28, 2022

Zero Stars: FTC and NAD Will Not Permit Consumer Review Suppression

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

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge - February 16, 2022

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