Last week, the Federal Trade Commission announced that its proposed rule replacing its Prenotification Negative Option Rule would result in new, expansive requirements for all forms of negative option offers, including...more
3/29/2023
/ Automatic Renewals ,
Cancellation Rights ,
Comment Period ,
Consent ,
Consumer Contracts ,
Corporate Counsel ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Marketing ,
Notice Requirements ,
Proposed Rules ,
Recordkeeping Requirements ,
Subscription Services ,
Terms and Conditions
The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...more
3/1/2023
/ Arbitration ,
Consumer Financial Protection Bureau (CFPB) ,
Contract Terms ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Hyperlink ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Notice Requirements ,
Terms and Conditions ,
Website Design ,
Website Owner Liability ,
Websites
For those embroiled in Telephone Consumer Protection Act (TCPA) class action litigation, the sum of the damages may not necessarily equal the whole.
In Wakefield v. ViSalus, Inc., the plaintiff and certified...more
10/26/2022
/ Calculation of Damages ,
Class Action ,
Corporate Counsel ,
Due Process ,
Fifth Amendment ,
Jury Verdicts ,
Prior Express Consent ,
Proportionality ,
Public Interest ,
Reasonableness Factors ,
Statutory Damages ,
TCPA
By a unanimous 5-0 vote, the Federal Trade Commission last week released a staff report that sheds light on the agency’s enforcement positions and priorities regarding digital “dark patterns,” which the FTC defines as...more