The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Rule Concerning Subscriptions and Other Negative Option Plans (often referred to as the “Click-to-Cancel” rule) on July 8, just days...more
7/9/2025
/ Administrative Procedure Act ,
Appeals ,
Consumer Protection Laws ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Judicial Authority ,
Negative Option Rule ,
Regulatory Authority ,
ROSCA ,
Rulemaking Process ,
Subscription Services ,
Telemarketing Sales Rule ,
Vacated
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 Friday, the Federal Trade Commission voted to defer the compliance deadline for the amended Negative Option Rule by 60 days. The Commission issued a statement on the new deadline....more
This week, the Federal Trade Commission (FTC) filed a lawsuit in federal court against rideshare and delivery company Uber for allegedly deceptive subscription practices, including making it unreasonably difficult to cancel....more
4/25/2025
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Ridesharing ,
Subscription Services ,
Uber ,
Unfair or Deceptive Trade Practices
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
In one of the first settlements since the new administration took office, the Federal Trade Commission (FTC) announced a $17 million monetary judgment with Cleo AI to resolve allegations that Cleo violated Section 5 of the...more
4/2/2025
/ Automatic Renewals ,
Disclosure Requirements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FinTech ,
Mobile Apps ,
Popular ,
ROSCA ,
Settlement ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as autorenewal of...more
3/21/2025
/ Auto-Renewal ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Regulatory Requirements ,
Rulemaking Process ,
Subscription Services ,
Unfair or Deceptive Trade Practices
The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more
3/19/2025
/ Advertising ,
Consumer Protection Laws ,
Content Marketing ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
NAD ,
Social Networks ,
Third-Party ,
Unfair or Deceptive Trade Practices
Venable's AdLaw Symposium is back!
Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more
3/7/2025
/ Advertising ,
Artificial Intelligence ,
Auto-Renewal ,
Best Practices ,
Beverage Manufacturers ,
Chief Compliance Officers ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Events ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food Manufacturers ,
Greenwashing ,
Legal Ethics ,
Marketing ,
NAD ,
Pricing ,
Privacy Laws ,
Risk Mitigation ,
State Regulators ,
Subscription Services
Last month, a putative class action was filed against Procter & Gamble challenging various green advertising claims for its Charmin toilet paper. The complaint brought a variety of state law claims targeting P&G’s...more
2/4/2025
/ Consumer Protection Laws ,
Corporate Misconduct ,
Environmental Litigation ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Putative Class Actions ,
State Law Claims ,
Sustainability ,
Unfair or Deceptive Trade Practices
Last Friday in a 2-1 order, the Eighth Circuit Court of Appeals rejected an initial challenge to the Federal Trade Commission’s (FTC) Negative Option Rule. The challengers had asked the court to stay the Rule from taking...more
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, the Federal Trade Commission (FTC) issued its long-awaited Final Rule on Unfair or Deceptive Fees. When the FTC released the proposed rule over a year ago, the rule covered any business that offered goods or...more
Many alerts and articles discussing the Federal Trade Commission's (FTC) updated Negative Option Rule and the Amendments to California's Automatic Renewal law have focused on the stricter consent and cancellation...more
Protecting the planet against climate change is a social movement—and big business. The Federal Trade Commission (FTC) has issued detailed and specific guidance for marketers about how to substantiate so-called green...more
As we previewed last week, industry and trade groups wasted no time in filing challenges against the Federal Trade Commission’s (FTC) Final Negative Option Rule....more
By a 3-2 vote, the Federal Trade Commission (FTC) announced its Final Negative Option Rule that covers negative option programs for both consumer and B2B transactions in any media, including online, telephone, print, and...more
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
These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more
7/11/2024
/ Administrative Procedure Act ,
AMG Capital Management LLC v FTC ,
Chevron Deference ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Regulatory Authority ,
ROSCA ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Subscription Services ,
UDAAP ,
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
Telephone and text message marketing poses private litigation risks and regulatory hurdles that should be considered before any campaign. The Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and...more
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
If you’ve been focused on only the high-level statements from the CFPB, you might already expect Rohit Chopra to fashion himself and the agency as “pro-consumer.” Consistent with that approach, the agency just signaled its...more
When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more
3/8/2024
/ Advertising ,
Billing Errors ,
Class Action ,
Consumer Protection Laws ,
Contests & Promotions ,
Data Breach ,
Defense Strategies ,
Enforcement ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Marketing ,
NAD ,
Risk Mitigation ,
Slack-Fill Suits ,
State Attorneys General ,
Subscription Services ,
TCPA ,
Telemarketing Sales Rule