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 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
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
FTC Staff Report Brings Dark Patterns to Light
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
New York State Bar Association | Intellectual Property Law Section 2022 Annual Meeting
Paavana L. Kumar, Davis+Gilbert Advertising + Marketing associate, will speak during a session entitled "The Rise of E-Commerce: Hot Topics in Advertising and IP," at the New York State Bar Association Annual Meeting. It will be held on Thursday, March 29, at 11:10 am with co-panelists Marietta Jo, Continue Reading
FTC Brings First Action Against Company for Posting Fake Reviews
The Bottom Line It should come as no surprise to companies that they should not be purchasing or posting fake reviews of their products as a way to improve sales to customers. The action against Cure Encapsulations and its owner shows that the FTC is interested in taking action to halt the Continue Reading
Mastercard Announces New Free Trial Rules for Merchants
The Bottom Line Companies that engage in negative option and subscription-based marketing must comply with various federal and state laws governing their practices. The proposed Mastercard rules will add another set of requirements to this compliance landscape. Marketers should prepare to comply Continue Reading
NAD’s BuzzFeed Decision May Be a Roadmap for Affiliate Marketing
The Bottom Line Online publishers using affiliate links in association with content that reviews or recommends products to consumers must disclose their relationship with the retailers. In addition, online publishers using affiliate links in paid-for advertising must be able to substantiate product Continue Reading