Update This alert originally published on April 21, 2025, has been updated in light of the FTC’s announcement to further defer enforcement of some provisions of the Negative Option Rule to July 14, 2025. The previous compliance deadline was May 14, 2025. If you’re in the business of selling Continue Reading
California’s Enhanced Automatic Renewal Law Is Signed into Law: Key Changes and Compliance Obligations
The Bottom Line On September 24, 2024, California Governor Newsom signed into law Assembly Bill 2863, which strengthens the state’s automatic renewal law – already one of the country’s strictest. Our previous alert the bill was introduced emphasized that companies offering subscriptions Continue Reading
StubHub Sued by D.C. Attorney Over Alleged “Convoluted Junk Fee Scheme”
The Bottom Line Washington, D.C. Attorney General Brian Schwab has brought a suit against ticket reselling platform StubHub over the platform’s ‘Fulfillment and Service’ fees. The complaint alleges that StubHub deceptively hides these exorbitant fees until the very last checkout page and Continue Reading
Taking Out the Trash: New Junk Fee Laws Impact Pricing Practices
The Bottom Line We are about to see an enormous uptick in federal and state regulation of “junk fees” – and the class action bar is undoubtedly preparing to act. With federal rulemaking on unfair and deceptive fees set to go into effect later this year and new state legislation being Continue Reading
“No Thanks, I Don’t Not Want to Read this Article About Dark Patterns”
FairPatterns Founder and CEO Marie Potel-Saville and Davis+Gilbert Advertising + Marketing Partner Paavana Kumar discuss: Continue Reading
Fighting Dark Patterns – Regain Your Free Will Online | How Are Businesses Navigating the Dark Patterns Maze?
Advertising + Marketing partner Paavana Kumar sat down with Marie Potel-Saville, founder of FairPatterns, to discuss the evolution of dark patterns and regulators' increased focus on deceptive online practices. In this podcast, Paavana and Marie explore the evolving regulatory landscape, Continue Reading
Not Strict Enough: California Proposes Further Amendments to Automatic Renewal Law
The Bottom Line Operating a subscription-based company in 2024 continues to be a constantly moving target of compliance. California, which already had one of the country’s strictest automatic renewal laws, recently saw its Legislature propose amendments that closely track the FTC's proposed Continue Reading
What’s in Your 2024 Legal Cart? Top 10 Retail Law Developments
The retail and e-commerce sector will continue its dynamic transformation in 2024, as industry giants and startups alike leverage cutting-edge technologies and innovative marketing strategies. All the while, the Federal Trade Commission (FTC) and state attorneys general are busy restocking the legal Continue Reading
Navigating the Subscription Maze: Staying on Top of Auto-Renewal Legislation in 2024
If you’re operating a subscription-based company in 2024, strap in for a wild ride through the maze of auto-renewal laws! Continue Reading
Law360 | Retailers Must Be Mindful of Sale Ads as Class Actions Rise
There is nothing more alluring to consumers than getting a good deal. Traditional and online retailers have long used sales, coupons, markdowns and other discounts to help move inventory while letting consumers feel that they saved money. While this practice is not illegal in itself, regulators Continue Reading