On July 8, the United States Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Negative Option Rule, also referred to as the “Click-to-Cancel” rule (the “Rule”), determining that the FTC...more
7/15/2025
/ Administrative Procedure Act ,
Appeals ,
Cancellation Rights ,
Consumer Protection Laws ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Regulatory Requirements ,
Rulemaking Process ,
Statutory Authority ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Notwithstanding significant changes at the Federal Trade Commission (FTC) – including the removal of two of the five Commissioners, and the new appointment of Commissioner Mark Meador – the Commission has sent a clear message...more
A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...more
3/12/2025
/ Arbitration ,
Arbitration Agreements ,
Auto-Renewal ,
Class Action ,
Clickwrap Agreements ,
Consumer Contracts ,
Consumer Privacy Rights ,
Contract Terms ,
Data Privacy ,
Internet Retailers ,
Online Contracts ,
Retailers ,
Subscription Services ,
Terms of Service ,
Unfair Competition
It’s time to revisit automatic renewal compliance. With California amending its Automatic Renewal Law ("ARL") on September 24, 2024, and the Federal Trade Commission (“FTC”) finalizing its “Click-to-Cancel” Rule (“FTC Final...more
12/19/2024
/ Amended Legislation ,
Auto-Renewal ,
Cancellation Rights ,
Consent ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Final Rules ,
Retailers ,
Subscription Services ,
Unfair Competition