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
Not Strict Enough: California Proposes Further Amendments to Automatic Renewal Law
The Bottom Line Operating a subscription-based company in 2024 continues to be a constantly moving target of compliance. California, which already had one of the country’s strictest automatic renewal laws, recently saw its Legislature propose amendments that closely track the FTC's proposed 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
Practising Law Institute (PLI) | One-Hour Briefing | The FTC’s Proposed Updates to the Negative Option Rule: What Marketers Need to Know
Quick Details Date | July 26, 3:00 PM ET Location | Online Webinar Presenter Session Overview In this session for Practising Law Institute, key proposed changes will be discussed relating to the FTC's proposed sweeping revisions to the Negative Option Rule. These revisions could 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
Negative Option Marketing
FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”
The Bottom Line The FTC has issued a new Enforcement Policy Statement Regarding Negative Option Marketing (Policy Statement), generally warning companies about their compliance obligations relating to negative option programs and against using website design features to deceive consumers into Continue Reading