On July 1, California's amended autorenewal law takes effect, and the Federal Trade Commission's (FTC) updated enforcement deadline for the primary requirements of the updated Negative Option Rule (so-called Click to Cancel...more
On April 7, the Federal Communications Commission (FCC) granted a limited waiver delaying by an additional year the effective date of certain parts of the new Telephone Consumer Protection Act (TCPA) rule. ...more
4/10/2025
/ Consent ,
Effective Date ,
FCC ,
Final Rules ,
Financial Institutions ,
Financial Services Industry ,
Regulatory Requirements ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Time Extensions ,
Waivers
On Friday, the Eleventh Circuit, in Insurance Marketing Coalition Ltd v. FCC, found that the Federal Communications Commission (FCC) overstepped its statutory authority in implementing robocall and robotext "one-to-one...more
The Federal Trade Commission (FTC) has made clear its focus on automatic renewal programs with high-profile lawsuits in recent weeks, alleging violations of the Restore Online Shoppers' Confidence Act (ROSCA). Below are some...more
6/19/2024
/ Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
Federal Trade Commission (FTC) ,
Fees ,
Notice Requirements ,
ROSCA ,
Subscription Services ,
Termination Fees ,
Terms and Conditions
Last week, California's legislature proposed amendments to its Automatic Renewal Law (ARL) to tighten the already-strict requirements for autorenewal, negative option, and continuous service offers. The law would impose new...more
Last week, a class action was filed in California state court alleging that Optavia, a multilevel marketing (MLM) company selling weight loss products and services, violated California's Automatic Renewal Law (ARL). The case,...more
On January 29, 2024, Congressman Frank Pallone, Jr. introduced the Do Not Disturb Act, a bill that would amend the Telephone Consumer Protection Act (TCPA) and “fix” the Supreme Court’s ruling in Duguid that limited the...more
The Federal Trade Commission (FTC), state attorneys general, and class action plaintiffs continue to scrutinize negative option and continuity offers. Negative option marketing can include pre-notification negative option...more
This week, the Federal Trade Commission (FTC) announced a Proposed Stipulated Order with lead generator Response Tree LLC and its president, resolving allegations that the company violated the Telemarketing Sales Rule (TSR)...more
1/9/2024
/ Consent ,
Do Not Call List ,
Enforcement Actions ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Lead Generators ,
Misrepresentation ,
Robocalling ,
Settlement ,
Telemarketing ,
Telemarketing Sales Rule
Marketers and lead generators have new guidance in the form of enforcement orders on what the Federal Trade Commission (FTC) appears to consider required practice when obtaining consumer consent prior to the sale, transfer,...more
8/1/2023
/ Consent ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Lead Generators ,
Marketing ,
Personal Information ,
Prior Express Consent ,
Settlement ,
Telemarketing Sales Rule ,
Unfair or Deceptive Trade Practices
As we recently previewed, the Federal Communications Commission (FCC) published its Proposed Rule that would codify its updated guidance on the Telephone Consumer Protection Act (TCPA). The TCPA regulates calls and text...more
7/12/2023
/ ATDS ,
Automated Systems ,
Comment Period ,
Compliance ,
Consent ,
FCC ,
Proposed Rules ,
Revocation ,
TCPA ,
Telecommunications ,
Text Messages ,
Wireless Devices
If you are a subscription marketer, you have likely heard the buzz about the Federal Trade Commission's Notice of Proposed Rulemaking (NPRM) concerning the Negative Option Rule. If implemented, the proposed rule would impact...more
4/7/2023
/ Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Marketing ,
Notice Requirements ,
NPRM ,
Proposed Regulation ,
Subscription Services ,
Terms and Conditions
In January, the Ninth Circuit agreed with a California district court's finding that a software company's autorenewal practices did not violate California's autorenewal law. The decision reflects a win for companies offering...more
For years, lead generators have obtained telephone numbers for their clients to call by obtaining the consumer’s consent to receive calls from certain entities specifically identified by the lead generator. A typical model...more
The law surrounding negative option and continuity programs continues to evolve rapidly. Feeling a bit overwhelmed with the latest developments? Below is what you need to know in light of new laws, new enforcement actions,...more
1/19/2023
/ Automatic Renewals ,
Consent ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Fees ,
GrubHub ,
New Legislation ,
ROSCA ,
Settlement ,
State Attorneys General ,
Subscription Services ,
Terms of Service ,
Website Design
Autorenewal programs remain in the crosshairs for private class action plaintiffs, as evidenced by another lawsuit filed in California targeting numerous technical requirements in the state's automatic renewal law. ...more
Whether they refer to their online terms as "website terms and conditions," "terms of use," or something else, online marketers and sellers often seek to enforce contracts to manage the relationships with their...more