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Kilpatrick

DC Circuit Narrows Who Qualifies as a Consumer Under the VPPA

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To bring a claim under the Video Privacy Protection Act (VPPA), a plaintiff must qualify as a “consumer,” which the statute defines as any renter, purchaser, or subscriber of goods or services from a video tape service...more

BakerHostetler

Dark Patterns Go International: FTC and International Consumer Protection Networks Conduct Sweep of ‘Deceptive Design Practices’...

BakerHostetler on

On July 10, the Federal Trade Commission (FTC) announced the results of two global internet sweeps that examined the prevalence of certain deceptive design practices, or “dark patterns,” within a variety of websites and...more

Weintraub Tobin

IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law

Weintraub Tobin on

The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal information were used without her...more

Venable LLP

The National Advertising Division Recommends That Pier 1 Modify Subscription Disclosures

Venable LLP on

Last month, the National Advertising Division of BBB National Programs reviewed Pier 1’s subscription rewards program and recommended that the company provide clearer disclosures of the automatic renewal program. The...more

Venable LLP

Payment Processors: Are You Prepared to Uncover "Dark Patterns"?

Venable LLP on

Risk management personnel who underwrite e-commerce merchants should have some basic understanding of the types of online merchant marketing and sales practices that are deceptive and misleading....more

Holland & Knight LLP

Manipulative Online Design Tactics Become Riskier

Holland & Knight LLP on

In recent years, the use of clickbait and dark patterns has attracted the attention and scorn of state legislatures, the Federal Trade Commission (FTC), state attorneys general, consumer advocates and consumers. Three state...more

International Lawyers Network

FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”

International Lawyers Network on

The FTC has issued a new Enforcement Policy Statement Regarding Negative Option Marketing (Policy Statement), generally warning companies about their compliance obligations relating to negative option programs and against...more

Morrison & Foerster LLP

New “Two-Click Cancellation” Button – German Exceptionalism for Subscription Terminations

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As part of the new Fair Consumer Contracts Act, Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. These mechanisms come on top of the updated EU-wide consumer contract rules...more

Smart & Biggar

Federal Court issues unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services

Smart & Biggar on

On November 15, 2019, the Federal Court issued an Order compelling Canada’s primary Internet service providers (“ISPs”) to block their subscribers from accessing two Internet services that distribute infringing television and...more

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