There is good news for U.S. entities on the privacy front: on November 16, 2018, new draft guidelines were adopted in the EU to provide clarity with respect to the territorial scope of the GDPR, namely how the law will be applied to business entities located in different parts of the world (for our purposes, the United States). Lisa B. Dubrow, ESQ explains.
On July 3rd a federal district court granted the FTC’s request to stop a group of San Diego-based Internet marketers, including Triangle Media Corporation, from deceptively advertising free trial offers and charging consumers for the trial product while also enrolling them in ongoing continuity plans without their knowledge or consent.
California just passed a new restrictive privacy law, the California Consumer Privacy Act of 2018. Assuming the law is not amended before it comes into force on January 1, 2020. The new law protects any "consumer," defined as a "natural person who is a California resident."
A consumer protection bill was passed on May 28, 2018, in Vermont concerning contracts with automatic renewal provisions. The new law, which goes into effect on July 1, 2019, applies to “consumer” contracts with an initial term of at least one year and that automatically renew for a subsequent term longer than one month.
The Federal Trade Commission has settled a case in which the defendants allegedly sold tooth whitening products, via subscription using at least 87 websites promoted by affiliate marketers. Under the settlement, defendants are restricted from making future negative option sales and using consumer information obtained from their prior sales and were imposed a whopping judgment of $92,011,601.
Subscription marketing offers that include pricing claims such as “Yours for only $95. You save $50” and “Buy One Get One Free” are ubiquitous but unless those pricing claims are strictly true, they can violate Section 5 of the FTC Act. Lisa B. Dubrow, Esq. explains a recent case addressing deceptive pricing claims and provides some guidelines to keep you on the right side of offer compliance.
Companies that sell products or services through subscription models need to keep in mind that there are numerous federal and state laws could impact how these models are structured and advertised. With recent legal settlements by major subscription brands as a bell weather, it might be time to revisit your auto-renewal policies and advertising to ensure you are not in danger of being held to these new legal standards. Lisa B. Dubrow, Esq. explains.
Given the current scrutiny of subscription-based recurring billing programs, particularly in California, marketers should take the time to re-examine their auto-renewal programs. Lisa B. Dubrow, Esq, our Subscription Insider Guide to Subscription Regulation and Compliance and partner at Dubrow & Bhonslay, explains.
Lisa B. Dubrow, Esq, our Subscription Insider Guide to Subscription Regulation and Compliance and partner at Dubrow & Bhonslay, reminds members of the upcoming deadlines related to the Digital Millennium Copyright Act.
Using affiliate marketers will not give you a pass in creating offers that comply with the law in any negative option sales. Lisa B. Dubrow, Esq., Subscription Insider Guide to Subscription Regulation and Compliance and partner at Dubrow & Bhonslay, explains how and why the FTC is going after large settlements to ensure marketers and advertisers are compliant.
As marketers, you need to support all advertising claims. However, sometimes a claim might appear ambiguous and therefore you might conclude it is not necessary to support. Because food boxes are so popular now we thought we would report on a claim made by a food manufacturer where the definition of “local” was one focus of the case.
On September 28th, California’s governor signed into law new requirements for subscription and membership companies with negative option plans. Lisa B. Dubrow, Esq., Subscription Insider Guide to Subscription Regulation and Compliance and partner at Dubrow & Bhonslay, explains.
The California superior court has fined subscription company, Beachbody, $3.6 Million after an investigation found it was applying recurring charges for subscription renewals, sometimes after so-called free trials, without proper consent. Lisa B. Dubrow, Esq., Subscription Insider Guide to Subscription Regulation and Compliance and partner at Dubrow & Bhonslay, explains.
The FTC has updated its guidelines and FAQs on Influencer testimonials and endorsements, after settling a case and sending warning letters to companies. Lisa B. Dubrow, Esq, Subscription Insider Guide to Subscription Regulation and Compliance and partner at Dubrow & Bhonslay, explains the updated Influencer Marketing guidelines that companies need to adhere to.
When Equifax revealed that hackers stole credit data for 143 million people, the company offered a remedy: a free year enrollment in its data protection service. The catch? After the year is up, users will be automatically billed for the next year. But that may raise more legal issues for the company if it is accused of violating ROSCA law.