Every company will be impacted by the new import tariffs, as they increase manufacturing costs. However, companies selling on an autorenewal basis could disproportionately feel the impact and should proceed with caution...more
4/8/2025
/ Automatic Renewals ,
Cancellation Rights ,
Class Action ,
Consumer Contracts ,
Consumer Protection Laws ,
Contract Terms ,
Customs and Border Protection ,
EFTA ,
Federal Trade Commission (FTC) ,
Imports ,
Material Change Doctrine ,
Notice Requirements ,
Regulatory Requirements ,
State Attorneys General ,
Subscription Services ,
Supply Chain ,
Tariffs
The Federal Trade Commission's Final Negative Option Rule ("Click to Cancel Rule") contains stringent new requirements for negative option programs, making it even more difficult to run compliant negative option offers....more
12/19/2024
/ Automatic Renewals ,
Cancellation Rights ,
Compliance ,
Consumer Contracts ,
Direct to Consumer Sales ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hyperlink ,
Negative Option Rule ,
Notice Requirements ,
Subscription Services
This week, California amended its automatic renewal and continuous service offer law (ARL). Key provisions include the addition of “free-to-pay conversions,” consent obligations, misrepresentation prohibitions, request for...more
Companies that care about avoiding Federal Trade Commission (FTC) action should take heed. Last month, the FTC announced an $8.5 million settlement with Care.com, resolving claims challenging its advertising claims and...more
9/11/2024
/ Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Consumer Contracts ,
Corporate Counsel ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Marketing ,
ROSCA ,
Settlement ,
Subscription Services ,
Terms and Conditions ,
Unfair or Deceptive Trade Practices
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
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
It’s that time of year again. Regardless of what you call them—subscriptions, negative option programs, automatic renewals, or continuous service offers—states are continuing to enact and enforce new laws with increasingly...more
2/1/2024
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Contracts ,
Contract Terms ,
Corporate Counsel ,
Disclosure Requirements ,
Enforcement ,
Enforcement Actions ,
Informed Consent ,
Keurig Inc ,
LA Times ,
New Legislation ,
Subscription Services
In recent weeks, class action plaintiffs have brought a new tranche of lawsuits challenging companies’ online terms and conditions. In them, plaintiffs allege that the terms violate California’s law prohibiting contracts for...more
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
Last week, the Consumer Financial Protection Bureau (CFPB) proposed a rule to establish a public registry of terms and conditions in form contracts that purport to waive or limit consumer rights and protections.
The rule...more
On October 3, 2022, a class action plaintiff filed a lawsuit against the NFL for allegedly enrolling customers in its NFL+ Premium subscription without their consent or disclosing subscription (autorenewal) billing terms, and...more
With several new state laws effective in 2022, it is becoming increasingly difficult for businesses to develop baseline compliance protocols across federal and state automatic renewal laws.
Against this backdrop, federal...more
The laws and rules governing automatic renewal programs continue to change on a regular basis. Over the past year, the Federal Trade Commission has announced a number of settlements and lawsuits enforcing the federal Restore...more
2/15/2022
/ Automatic Renewals ,
Consumer Contracts ,
Debit and Credit Card Transactions ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
New Legislation ,
Payment Processors ,
ROSCA ,
Subscription Services ,
Webinars