From our base in New York, we represent a diverse range of clients across the country and around the world.

From Record Clubs to Retail Subscriptions: FTC Proposes Significant Expansion of Negative Option Rule

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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

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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

2023 Top Privacy Issues: New Laws & Expanded Enforcement

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The Bottom Line As new state privacy laws go into effect in 2023, companies need to ensure compliance with an ever growing list of obligations.Expect regulators to keep cracking down on dark patterns and privacy violations, including noncompliance with these new privacy laws. Privacy laws Continue Reading

FTC Staff Report Brings Dark Patterns to Light

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The Bottom Line Dark patterns continue to be an area of focus for the FTC.In the absence of new laws at the federal level, the FTC will use its ability to bring enforcement actions to stop dark patterns that they deem deceptive or unfair.Companies should review design techniques and ensure that Continue Reading

California’s Amended Automatic Renewal Law Takes Effect July 1, 2022: What Subscription-Based Companies Need to Know

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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

FTC Seeks Public Comment on Updating its Guidance on Preventing Digital Deception

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The Bottom Line The FTC is revising its Dot Com Disclosure Guides to address dark patterns and other forms of digital deception.  The FTC plans to crack down on deceptive disclosures and other forms of digital deception; marketers should review their online disclosure practices to ensure Continue Reading