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Buy Now: Avoiding the Pitfalls of Online Retailing

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

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

Alert, Are Your Influencers Putting You at Risk?, Balancing Compliance and Creativity in Regulated Industries, Buy Now: Avoiding the Pitfalls of Online Retailing, Getting in the Game of College Athletics, Media and Marketing, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies - January 27, 2022

Negative Option Marketing

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Buy Now: Avoiding the Pitfalls of Online Retailing, FAQ - January 10, 2022

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

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing - November 10, 2021

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

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies - November 4, 2021

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

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge, Uptick in Consumer Class Actions as Online Purchases Grow - February 5, 2021

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