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
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 In 2022, cosmetic companies in California will be subject to heightened reporting obligations under the California Fragrance and Flavor Ingredient Right to Know Act.Keep in mind that federal law prohibits the marketing of adulterated or misbranded cosmetics in interstate commerce, and 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 Promotional practices, such as loyalty and reward programs, have unique disclosure obligations under the CCPA.With enforcement actions ramping up in California, and new privacy laws on the horizon, it is important for companies to have all of their marketing practices reviewed in 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 may be rushing to adapt to the new normal and embrace an e-commerce model, but there are still a myriad of legal issues to navigate.As the world of “e-tail” becomes king — at least for now — it is more important than ever to thoroughly understand the implications of new 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
TrendSeeder Innovation Series | Fashion Panel: Profile of the New Consumer
Davis+Gilbert is a proud sponsor of the ongoing TrendSeeder Innovation Series. The latest installment of the series, "Fashion Panel: Profile of the New Consumer," will take place on May 15. The world of fashion is changing and so is the consumer. A panel of industry experts will explore these Continue Reading