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
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 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
A Prime Example of Dark Patterns? FTC Sues Amazon for Use of “Dark Patterns” in Prime Enrollment
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
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 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
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