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
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
Practising Law Institute | Hot Topics in Advertising Law for E-Commerce Companies
On January 11, Paavana L. Kumar, Davis+Gilbert Advertising + Marketing partner and Louis DiLorenzo, Davis+Gilbert Advertising + Marketing associate, will speak at Practising Law Institute's (PLI) One-Hour Briefing entitled “Hot Topics in Advertising Law for E-Commerce Companies.” Session Continue Reading
2023 Top Privacy Issues: New Laws & Expanded Enforcement
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
The Bottom Line Trick or treat? The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from Continue Reading
AdExchanger | State Privacy Laws Will Spur Action Against Dark Patterns
Gary Kibel and Paavana Kumar were quoted in an AdExchanger article, "State Privacy Laws Will Spur Action Against Dark Patterns." 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
FTC Seeks Public Comment on Updating its Guidance on Preventing Digital Deception
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
IAPP | State Attorneys General Sue Google With ‘Dark Patterns’ Claims
Gary Kibel was quoted in an IAPP article "State Attorneys General Sue Google With ‘Dark Patterns’ Claims". Continue Reading