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
In-House Connect | Essential Retail and E-commerce Updates for In-House Counsel: Navigating Recent FTC Guidance on Dark Patterns, Subscriptions, and More
Quick Details Session Overview The past several years have seen historically brick-and-mortar retailers transitioning to digital and social media, while significantly restructuring their offerings to promote installment and subscription-based solutions, redirecting spending towards Continue Reading
What’s in Your 2024 Legal Cart? Top 10 Retail Law Developments
The retail and e-commerce sector will continue its dynamic transformation in 2024, as industry giants and startups alike leverage cutting-edge technologies and innovative marketing strategies. All the while, the Federal Trade Commission (FTC) and state attorneys general are busy restocking the legal 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
Adweek | What Sephora’s $1.2 Million CCPA Settlement Signifies for Brands
Gary Kibel was quoted in an Adweek article, "What Sephora's $1.2 Million CCPA Settlement Signifies for Brands." Continue Reading
Heightened California Compliance Obligations for Cosmetic Companies on the Horizon
Bottom Line Companies and individuals who manufacture or market cosmetics in California will soon be subject to heightened reporting obligations under the recently-enacted California Fragrance and Flavor Ingredient Right to Know Act. Regulatory Landscape By way of background, the Continue Reading
The New York Times | How Data Is Reshaping Real Estate
Gary Kibel was quoted in a New York Times article, “How Data Is Reshaping Real Estate”. Continue Reading
CCPA Enforcement Priorities Include Loyalty and Rewards Programs
The Bottom Line The California Attorney General continues to bring enforcement actions relating to the California Consumer Privacy Act (CCPA). While advertisers and marketers have generally focused on CCPA compliance with respect to privacy practices, it is important to highlight a marketing Continue Reading
E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing
7th Edition: Trends in Marketing Communications Law If you look at your credit card statements, chances are that you have one or more recurring monthly or annual charges, whether for media subscriptions, meal delivery services, workout apps, cosmetics shipments or clothing rentals. Subscription Continue Reading
Key Considerations for Retailers in the Face of COVID-19
The Bottom Line Retailers are facing unprecedented challenges in the face of the COVID-19 pandemic. While some companies, such as wholesalers of essential household items and groceries, are experiencing a surge in demand, others, especially those that rely on a Continue Reading