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 2022 has the potential to be a major year for the advertising and marketing industry — new laws and guidance are going into effect, the Federal Trade Commission (FTC) is reviewing various guides, and new enforcement priorities have emerged. We expect that a number of trends Continue Reading
Negative Option Marketing
FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”
The Bottom Line The FTC has issued a new Enforcement Policy Statement Regarding Negative Option Marketing (Policy Statement), generally warning companies about their compliance obligations relating to negative option programs and against using website design features to deceive consumers into Continue Reading
CCPA Enforcement Priorities Include Loyalty and Rewards Programs
The Bottom Line The California Attorney General continues to bring enforcement actions relating to the California Consumer Privacy Act (CCPA). While advertisers and marketers have generally focused on CCPA compliance with respect to privacy practices, it is important to highlight a marketing Continue Reading
Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law
The Bottom Line As more and more marketers take to the Internet to provide goods and services in this post-pandemic era, subscription-based offerings are on the rise. With the click of a mouse, consumers can get everything from vitamins, to wine, to work out gear on an auto-recurring basis. Continue Reading
Intellectual Property Law Section: Annual Meeting 2021 | Hot Topics in Advertising & IP for E-tailers
Davis+Gilbert is a proud sponsor of the New York State Bar Association Intellectual Property Law Meeting on January 20 – 26. Devin Kothari, Davis+Gilbert Intellectual Property + Media partner, will be a panelist during a session titled, “Hot Topics in IP and Advertising Law for E-tailers" on Continue Reading
FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement
The Bottom Line Age of Learning, Inc. (Age of Learning), which operates as ABCmouse, a subscription service for young children’s educational content, agreed to pay $10 million dollars to settle claims by the Federal Trade Commission (FTC) regarding its negative option and billing practices, Continue Reading