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
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
As Benesch’s multidisciplinary AI Commission continues to stay abreast of AI-related developments and legal implications our clients should be aware of, we are proud to debut the firm’s AI Reporter: a monthly roundup of...more
For many months, Joe Biden has been leading the so-called war on junk fees, a campaign to restrict surcharges spanning across industries - from airline seating upcharges, to hotel resort fees, to extra service charges tacked...more
Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more
1/22/2024
/ Advertising ,
Antitrust Provisions ,
Arbitration ,
Class Action ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Fees ,
Online Travel Vendors ,
Pricing ,
Resale Pricing ,
Retailers ,
Surcharges ,
Unfair or Deceptive Trade Practices ,
Web Tracking
When it comes to regulating endorsements, testimonials, and reviews, the FTC has made clear—many times over—that it does not intend to take its foot off the gas anytime soon. In the most recent, and significant, reminder of...more
7/12/2023
/ Advertising ,
Celebrity Endorsements ,
Comment Period ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NPRM ,
Online Endorsements ,
Online Platforms ,
Social Media ,
Unfair or Deceptive Trade Practices
The fact that the Federal Trade Commission (“FTC”) has been active over the last two-plus years is far from breaking news. While it has gained tremendous attention for its relatively new interest in certain big issues—e.g.,...more