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Subscription Services Advertising Marketing

Venable LLP

[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

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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

American Conference Institute (ACI)

[Event] 8th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation - February 6th - 7th, New York, NY

Join 100+ cross-industry advertising practitioners for comprehensive panel discussions, practical case studies and valuable insights on how to successfully navigate today’s new era of advertising at ACI's 8th Annual Legal,...more

Fenwick & West LLP

FTC Announces the Final 'Click-to-Cancel' Rule for Subscriptions

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The Federal Trade Commission has announced the final "click-to-cancel" rule, which is designed to ensure that consumers can cancel subscriptions as easily as they signed up for them. This rule covers most negative option...more

BakerHostetler

NAD 2024 Recap

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NAD 2024 is in the books. It was a jam-packed two days. You’ll hear more about the NAD conference on this site in the days to come, but here are a few quick highlights....more

Venable LLP

Handle Autorenewal Programs with Care: Federal Trade Commission Targets Care.com for Alleged Dark Patterns and Earnings Claims

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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

BakerHostetler

[Podcast] AD Nauseam: Movie Pass – I Am Big. It’s the Pictures that Got Small.

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On today’s episode of Ad Nauseam Amy and Daniel talk about the FTC’s case against MoviePass and a recent HBO documentary called MoviePass Movie Crash....more

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

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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

Perkins Coie

Top Advertising Law Trends for 2024

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With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges....more

Venable LLP

New Year, New Rule: FTC to Review Updates to Negative Option Rule During January Informal Hearing

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In March, the Federal Trade Commission (FTC) asked for comments on a proposal to replace the Prenotification Negative Option Rule with a more expansive Negative Option Rule. Now that the FTC has had the chance to review those...more

American Conference Institute (ACI)

[Event] 7th Annual Forum on Advertising Claims Substantiation - February 8th - 9th, New York, NY

While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more

BakerHostetler

AD Nauseam: Negative Options – From Wine, to Cookies, to Gyms – Everything You Need to Know

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On today’s episode of AD Nauseam, Amy, Daniel and Linda will cover an issue that has been quite a hot topic of late – the marketing of subscription services and negative options. Questions & Comments: amudge@bakerlaw.com;...more

BakerHostetler

FTC One-Ups Itself with One Proposed Rule to Rule All Subscription Services

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Mornings for advertising lawyers usually start slow – coffee in one hand and phone in the other while we glance at emails. Imagine our surprise the other morning when we saw that the Federal Trade Commission (FTC) had issued...more

Sheppard Mullin Richter & Hampton LLP

FTC Increases Scrutiny of Negative Option Marketing

Retailers and service providers should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions,...more

Smart & Biggar

Marketing & advertising tips, traps and trends for 2023

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This article highlights key tips, traps and trends for advertisers for the coming year. Though Canadian law is referenced, the concepts have global relevance.  The term “dark patterns” was first coined over a decade ago but...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

BakerHostetler

AD-ttorneys@law - January 2023

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FTC Opens Green Guide Revision for Public Comment - It’s the first revision in a new, environmentally panicked time - The Greatest Generation - The ’90s were an active decade for Federal Trade Commission (FTC)...more

Venable LLP

Event in Review: 9th Annual Advertising Law Symposium

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On September 16, Venable’s Advertising and Marketing Group hosted its 9th Annual Advertising Law Symposium in Washington, DC. After a two-year hiatus due to the coronavirus pandemic, attendees were energized to convene in...more

BakerHostetler

AD-ttorneys@law - September 2022 #2

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IDAC to Ed Tech: Get Your Act Together - Post-COVID-19 learning app boom puts kids at risk, watchdogs say - An Embarrassment of Horrors - As if school-age children didn’t have enough to worry about. From the...more

WilmerHale

FTC Issues New Dark Pattern Guidance

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On September 15, 2022, the Federal Trade Commission (FTC) released a report on dark patterns (the, “Report”) that identifies the types of misleading and manipulative interface practices that the agency believes can harm...more

Davis Wright Tremaine LLP

Advertising Law: Dark Patterns in Marketing

"Now or never." "Don't delay." "No-fee sign-up." "No registration required." "Free 30-day trial." Such advertising messages can be deceptive when they—as it seems they all too often do—send consumers down a rabbit hole where...more

BakerHostetler

AD-ttorneys@law - August 2022

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Will Coppertone Get Burned for Its Labels? Consumer class action alleges sunscreens are all the same - It’s Not Much, But It’s Something - Through the years, Coppertone - the sun protection products brand owned...more

Kelley Drye & Warren LLP

TINA.org Urges Investigation into Hello Fresh

TINA.org recently announced that it had filed complaints with the FTC and the Connecticut Department of Consumer Protection, urging them to investigate Hello Fresh’s marketing practices related to a campaign advertising...more

Perkins Coie

2022 Compliance Landscape for Recurring Subscription Programs

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Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations. The Federal Trade Commission (FTC) recently issued an Enforcement Policy...more

BakerHostetler

Why Settle for Taco Tuesday When You Can Have Recurring Tacos – But Is Your Subscription Compliance Program Soft?

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Subscription marketing is on the rise with some predicting the subscription industry will more than double by 2025. This prediction is fueled partly by the pandemic, no doubt linked to people seeking more streaming services...more

Fenwick & West LLP

FTC Warns Companies Offering Subscription Services to Avoid Using “Dark Patterns”

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On October 28, 2021, the Federal Trade Commission issued a new Enforcement Policy Statement (the Statement) warning companies against using “dark patterns” in negative option marketing. “Dark patterns” is a broad term that...more

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