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
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
Taxing Digital Advertisements Face Stiff Legal Challenges
The Bottom Line Attempts to tax various forms of digital activity is widespread as states look for ways to raise revenue to offset state and local budgets caused by COVID-19. Companies that engage in digital advertising and industry groups should closely monitor these developments.If Maryland is Continue Reading
Big Data and Big Questions
6th Edition: Trends in Marketing Communications Law The use of biometric and location data has been on the rise for several years, but the expanded uses of this data must be reevaluated in light of the associated risks and evolving legal regimes. Although the use of biometric data is nothing new Continue Reading
Supreme Court Rules “Amazon” / “Nexus” Taxes Are Permissible
The Bottom Line The Supreme Court’s Wayfair decision confirmed that states may collect sales tax on internet sales between consumers and retailers who don’t have a physical presence in the state.In anticipation of a flurry of related legislation, online retailers, marketing affiliates and all Continue Reading
Biometrics and Artificial Intelligence: The New Technological Frontier
5th Edition: Trends in Marketing Communications Law Biometric Data In recent years, more companies have adopted the use of biometric data, such as facial recognition software and applications, in their internal business operations and to analyze customer behaviors for marketing purposes. This Continue Reading
Enhancing the Likelihood of Enforcement of a Forum Selection Clause in an Online Contract
The Bottom Line Companies that include a forum selection clause in an online contract should make sure that they reasonably communicate the forum selection clause to their customers and vendors. Best practices include: (i) providing on an uncluttered screen a direct hyperlink to the terms and Continue Reading
Internet Vendors Now Face New Tax Obligations in Massachusetts
The Bottom Line Internet marketers and vendors with customers in Massachusetts, Ohio and Rhode Island should pay particular attention to the new regulation and legislation that expands the tax nexus for out-of-state vendors making Internet sales in those states. Vendors should consult with a tax Continue Reading
Data Privacy and Security Laws Get Stronger, and Face New Challenges
4th Edition: Trends in Marketing Communications Law As data becomes more and more commoditized, domestic and international laws and regulatory actions continue to focus on privacy rights and data security. The Federal Trade Commission (FTC) has issued several reports, tools, and guidance in Continue Reading