The Bottom Line On September 24, 2024, California Governor Newsom signed into law Assembly Bill 2863, which strengthens the state’s automatic renewal law – already one of the country’s strictest. Our previous alert the bill was introduced emphasized that companies offering subscriptions Continue Reading
Not Careful Enough: FTC Settles $8.5 Million Action Against Care.com for Deceptive Marketing Claims and Subscription Traps
The Bottom Line The Federal Trade Commission (FTC) has taken action against Care.com (Care), an online caregiving platform for job posters and job seekers, alleging that the platform used inflated job numbers and unsubstantiated earnings claims to “lure” caregivers onto its platform and that Continue Reading
Not Strict Enough: California Proposes Further Amendments to Automatic Renewal Law
The Bottom Line Operating a subscription-based company in 2024 continues to be a constantly moving target of compliance. California, which already had one of the country’s strictest automatic renewal laws, recently saw its Legislature propose amendments that closely track the FTC's proposed Continue Reading
What’s in Your 2024 Legal Cart? Top 10 Retail Law Developments
The retail and e-commerce sector will continue its dynamic transformation in 2024, as industry giants and startups alike leverage cutting-edge technologies and innovative marketing strategies. All the while, the Federal Trade Commission (FTC) and state attorneys general are busy restocking the legal Continue Reading
Navigating the Subscription Maze: Staying on Top of Auto-Renewal Legislation in 2024
If you’re operating a subscription-based company in 2024, strap in for a wild ride through the maze of auto-renewal laws! Continue Reading
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
2024 Top 10 Advertising + Marketing Trends: Balancing Risks & Rewards
The marketing and advertising landscape in 2024 presents a complex tapestry of evolving regulations, groundbreaking technological advancements and shifting consumer behaviors. These changes are not just trends: they are signals of a fundamental transformation in the way brands connect with their 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
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
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