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e-commerce

Not Careful Enough: FTC Settles $8.5 Million Action Against Care.com for Deceptive Marketing Claims and Subscription Traps

August 30, 2024 by Catherine Nagle

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

Alert - August 30, 2024

Navigating the Subscription Maze: Staying on Top of Auto-Renewal Legislation in 2024

February 26, 2024 by Catherine Nagle

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

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing - February 26, 2024

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

September 28, 2023 by Calin Dixon

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 Calin Dixon

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

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

March 29, 2023 by Calin Dixon

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

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing - March 29, 2023

Practising Law Institute | Hot Topics in Advertising Law for E-Commerce Companies

January 11, 2023 by Alexandria Gilner

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

Event - January 11, 2023

FTC Staff Report Brings Dark Patterns to Light

October 12, 2022 by Catherine Nagle

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

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge - October 12, 2022

New York State Bar Association | Intellectual Property Law Section 2022 Annual Meeting

March 29, 2022 by Alexandria Gilner

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

Event - March 29, 2022

FTC Brings First Action Against Company for Posting Fake Reviews

March 12, 2019 by Megan O'Malley

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

Alert - March 12, 2019

Mastercard Announces New Free Trial Rules for Merchants

February 6, 2019 by Megan O'Malley

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

Alert - February 6, 2019

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