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
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
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
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
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
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
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
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
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
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