Game developers often borrow from the real world to build more lifelike, compelling characters: a tattoo copied faithfully onto a digital athlete, a famous photograph reinterpreted as body art, a recognizable design rendered...more
In-game purchases have become a cornerstone of the mobile video game industry, enabling developers to enhance user experience while generating revenue. However, recent developments signal heightened scrutiny from plaintiff’s...more
7/25/2025
/ Advertising ,
Class Action ,
Consumer Protection Laws ,
Disclosure Requirements ,
False Advertising ,
Gaming ,
In-Game Purchases ,
Litigation Strategies ,
Online Gaming ,
Risk Management ,
Risk Mitigation ,
Social Gaming ,
Unfair or Deceptive Trade Practices ,
Video Games
On Tuesday, July 8, the Eighth Circuit struck down the Federal Trade Commission’s new “click-to-cancel” rule just days before the FTC planned to begin enforcement on July 14, 2025. ...more
The New York legislature recently passed a bill, A.8887-B(Rosenthal)/S.8420-A(Gianaris), that would mandate the conspicuous disclosure of "synthetic performers" in advertisements. A synthetic performer is defined as a...more
The National Advertising Division (NAD) recently reviewed marketing claims tied to Huda Beauty's Easy Bake Setting Spray. At issue was a TikTok video from an influencer claiming the spray was the “strongest setting spray...more
If you've been following the latest updates on the click-to-cancel rule, you might have heard about the recent extension granted by the Federal Trade Commission....more
On May 12, 2025, the Federal Trade Commission’s Rule on Unfair or Deceptive Fees will take effect. Under the rule, certain businesses must disclose all mandatory fees and the total price up front to limit bait-and-switch...more
On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more
5/1/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Clickwrap Agreements ,
Consent ,
Contract Disputes ,
Contract Terms ,
Corporate Counsel ,
Petition For Rehearing ,
Terms of Service ,
Unenforceable Contract Terms ,
Website Design
On February 27, 2025, the Ninth Circuit affirmed the district court’s ruling in Chabolla v. ClassPass, finding that the “sign-in wrap agreement” on the ClassPass website was not an enforceable contract because it did not...more
The house doesn’t always win—a federal jury awarded nearly $25 million in damages to a class of consumers in Washington State after a district court in Larsen v. PTT, LLC determined that certain “social casino” games operated...more
Video game companies are often eager to adopt new technologies, like artificial intelligence (AI), to enhance player experiences. However, stricter privacy and AI regulations require companies to take extra precautions to...more
As artificial intelligence transforms gaming, developers and publishers need a clear, strategic approach to incorporating AI into their pipelines. Success requires balancing innovation with thoughtful risk management while...more
For companies offering subscription-based services, the regulatory landscape is becoming increasingly complex, with recent updates to federal and state laws creating new compliance requirements that demand careful attention...more
Effective January 1, 2025, a new California consumer protection law will require sellers of digital goods to more clearly communicate whether consumers are purchasing unrestricted ownership to that digital good or merely...more
The Federal Trade Commission has announced the final "click-to-cancel" rule, which is designed to ensure that consumers can cancel subscriptions as easily as they signed up for them. This rule covers most negative option...more
On September 24, 2024, Governor Gavin Newsom signed into law Assembly Bill No. 2863, which will further amend California’s Automatic Renewal Law (ARL)....more
As the landscape of artificial intelligence (AI) continues to evolve, it's crucial for businesses to navigate the Federal Trade Commission's (FTC) stance on AI claims. The FTC's Operation AI Comply is cracking down on...more
The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more
9/18/2024
/ Advertising ,
Compliance ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Drip pricing, the practice of revealing hidden fees after a consumer has begun the purchasing process, has come under scrutiny. The Federal Trade Commission has labeled it a dark pattern, and California has taken steps to...more
On July 1, 2024, California’s law banning hidden fees took effect. Under the Consumer Legal Remedies Act (CLRA), SB 478 provides that businesses transacting with California consumers may not apply additional fees or charges...more
7/19/2024
/ Advertising ,
Bars ,
CLRA ,
Consumer Protection Laws ,
Credit Cards ,
Disclosure Requirements ,
Exemptions ,
Fees ,
Goods or Services ,
Grocery Stores ,
Hidden Fees ,
New Guidance ,
New Legislation ,
Restaurant Industry
The Federal Trade Commission (FTC) has issued a cautionary note to companies that employ artificial intelligence (AI) chatbots, signaling heightened scrutiny over their use. Through a series of blog posts in the past year,...more
The FTC Act grants the Federal Trade Commission (FTC) significant authority to create tailored rules and guidance protecting consumers across various aspects including advertising and privacy. When it comes to AI chatbots...more
When it comes to advertising claims, it's crucial for companies to provide evidence to back up what they promise consumers. Whether it's a program offering financial success or a game with real money prizes, claims of...more
When it comes to digital entertainment, international companies often face the challenge of adapting features to comply with different jurisdictions' legal requirements. The use of countdown timers next to digital items...more
A survey by Billion Dollar Boy revealed that brands experienced more positive consumer engagement with generative AI content than traditional content. Brands utilizing AI generators may gain a competitive edge, but it's...more