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Buy Now: Avoiding the Pitfalls of Online Retailing

FTC Settles with Subscription-Based Business for Alleged Discriminatory & Deceptive Practices

The Bottom Line Online cash advance provider FloatMe Corp. will pay $3 million as part of a settlement with the Federal Trade Commission (FTC) for allegations of unfair and deceptive tactics against customers. The settlement, announced January 22 by the FTC, came after the Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing - February 5, 2024

FTC Finalizes CARS Rule

Update The FTC is postponing the effective date of the CARS Rule while a legal challenge brought by the National Automobile Dealers Association and the Texas Automobile Dealers Association is pending. The trade groups have stated that the rule is “arbitrary, capricious, an abuse of discretion, Continue Reading

Alert, Balancing Compliance and Creativity in Regulated Industries, Buy Now: Avoiding the Pitfalls of Online Retailing - December 21, 2023

FTC Names Senior Executives in Suit Against Amazon for Use of “Dark Patterns” in Prime Enrollment Scheme

The Bottom Line While the FTC has named individual defendants in prior cases, the amended complaint shows that the FTC is willing to do so in challenges to large, publicly traded companies.Companies should closely review their consumer experience flows and cancellation policies, to ensure that Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge - September 28, 2023

Practising Law Institute (PLI) | 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 Session Overview In this session for Practising Law Institute, key proposed changes will be discussed relating to the FTC's proposed sweeping revisions to the Negative Option Rule. These revisions could 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 Session Overview Subscription-based companies are constantly building on strategies to capitalize on interactive influencer campaigns, stream engaging content, and capitalize on 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 Negative option offers – such as prenotification plans, continuity programs, automatic renewals and free-to-pay conversions – allow a seller to interpret a customer’s silence, or failure to take an affirmative action, as acceptance of an offer. The FTC created the Negative 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 Trick or treat? The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from Continue Reading

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

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