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
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
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
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
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
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