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
Class actions alleging deceptive influencer marketing practices are going viral. These new lawsuits, naming both companies and affiliated influencers as defendants, mark the advent of a new era of enforcement in the...more
In the wake of the Trump administration’s newly-imposed tariffs, many retailers are facing significant unanticipated cost increases across their supply chains, from raw materials, to manufacturing, to transporting goods...more
The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...more
4/11/2025
/ Appeals ,
Class Action ,
Consumer Privacy Rights ,
Disclosure Requirements ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Split of Authority ,
Statutory Interpretation ,
Targeted Digital Advertising ,
Video Recordings ,
VPPA ,
Websites
Since the enactment of California’s so-called “Junk Fee Ban,” S.B. 478 (more formally known as the “Honest Pricing Law” or the “Hidden Fees Statute”), Benesch has been fielding a wide range of questions from retailers and...more
5/14/2024
/ Compliance ,
Compliance Dates ,
Consumer Protection Laws ,
Damages ,
Disclosure Requirements ,
E-Commerce ,
Fees ,
Hidden Fees ,
New Guidance ,
Retailers ,
State Attorneys General
Today, the hotly-debated and highly-anticipated Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (“INFORM Act”) finally takes effect....more