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Amazon

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

September 28, 2023 by Catherine Nagle

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

A Prime Example of Dark Patterns? FTC Sues Amazon for Use of “Dark Patterns” in Prime Enrollment

June 26, 2023 by Catherine Nagle

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

Taxing Digital Advertisements Face Stiff Legal Challenges

April 22, 2021 by Patrick Quinn

The Bottom Line The economic impact of COVID-19 cannot be understated; one impact has been to local and state budgets. States have experienced significant budget shortfalls due to limited economic activity and, as a result, state legislatures are searching for ways to raise revenue in order to Continue Reading

Alert - April 22, 2021

Big Data and Big Questions

July 10, 2019 by Patrick Quinn

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

Trends in Marketing Communications Law - July 10, 2019

Supreme Court Rules “Amazon” / “Nexus” Taxes Are Permissible

July 12, 2018 by Patrick Quinn

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

Alert - July 12, 2018

Biometrics and Artificial Intelligence: The New Technological Frontier

May 24, 2018 by Patrick Quinn

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

Trends in Marketing Communications Law - May 24, 2018

Enhancing the Likelihood of Enforcement of a Forum Selection Clause in an Online Contract

March 26, 2018 by Patrick Quinn

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

Alert - March 26, 2018

Internet Vendors Now Face New Tax Obligations in Massachusetts

October 5, 2017 by Patrick Quinn

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

Alert - October 5, 2017

Data Privacy and Security Laws Get Stronger, and Face New Challenges

April 11, 2017 by Patrick Quinn

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

Trends in Marketing Communications Law - April 11, 2017

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