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.
It is reported that a bill in the State of California, California SB 313, is deemed likely to pass. The law would require new rules for companies offering trials and recurring subscriptions and memberships. Lisa B. Dubrow, Esq., partner at Dubrow & Bhonslay and Subscription Insider Guide to Regulation and Compliance, explains.
The FTC just filed a suit against 59 corporations and three individuals for violating the FTC Act and the Restore Online Shoppers Confidence Act (ROSCA) for deceptively selling products on 87 websites through free trials that converted to recurring charges on consumers’ credit cards. Lisa B. Dubrow, Esq, partner at Dubrow & Bhonslay and Subscription Insider Guide to Regulation and Compliance, explains.
Europeans and the European government are taking data privacy very seriously. In fact, some are saying it is the most important change in data privacy regulation in the last 20 years. In May 2018, the two-year transition period for the European Union’s new General Data Protection Regulation (GDPR) expires and the new data privacy law goes into effect. Any company doing business with European citizens, including subscription companies, will be impacted, regardless of where the company is located. Companies should start preparing now to comply with the laws and to avoid fines as large as €20 million for violation of the data privacy changes. Here’s what you need to know.
Instagram recently released a new "branded content tool" that will provide a standardized format that should make it clearer to everyone when a post has been paid for by an advertiser. Lisa B. Dubrow, Esq., Subscription Insider Guide to Subscription Regulation and Compliance, explains.
In February 2016, Subscription Insider wrote a best practice report on Canada’s Anti-Spam legislation (CASL) designed to protect Canadians from electronic spam and to work toward a safer, more secure online marketplace. The majority of that legislation went into effect on July 1, 2014, section 8 of the CASL Act went into effect on January 15, 2017, and the remaining portion – sections 47 to 51 and 55 of the Act – come into force on July 1, 2017. Learn more about the new regulations at Subscription Insider.
A recent Ninth Circuit Court of Appeals decision signals that monitoring of user-generated content could potentially increase your liability for copyright infringement of that content. The court questioned whether a publisher that monitored content before posting could still receive certain immunities provided under the Digital Millennium Copyright Act for content posted “at the direction of users”. Lisa B. Dubrow, Esq., Subscription Insider Guide to Regulation and Compliance explains the case and its potential impact.
In one of the first Internet of Things (IoT) class action settlements, the maker of a Bluetooth-enabled personal vibrator called We-Vibe agreed to settle a privacy class action lawsuit for $3.75 million. Lisa B. Dubrow, Esq., Subscription Insider Guide to Subscription Regulation and Compliance, explains the suit and the key lesson learned.
Under California law, it is false and misleading to advertise a former price of a product unless it was the prevailing market price within three months of the advertisement. Lisa B. Dubrow, Subscription Insider Guide to Regulation and Compliance, outlines the lawsuit against J.C. Penny, Kohl’s, Macy’s and Sears.
Last month the FTC filed another suit against a group of online marketers for violating the FTC Act and Restore Online Shoppers’ Confidence Act (“ROSCA”). The defendants offered continuity plans and trial offers that were touted as risk-free and subject to a 100% money back guarantee. Lisa B. Dubrow, Esq., Subscription Insider Guide to Regulation and Compliance, explains this recent action, FTC’s “.com disclosure” Guidelines, and why it's important to follow them.
Influencer Marketing is an increasingly popular form of marketing where companies use individuals to talk about their brand (think an influential blogger, people hired to discuss a brand’s products, or even a topic expert) to establish credibility and influence with their target customers. Lisa B. Dubrow, Esq, Subscription Insider Guide to Regulation and Compliance, discusses a recent letter from the Federal Trade Commission sent to many companies inquiring about those companies’ use of disclosures in their influencer campaigns.
Anheuser-Busch is being sued by an individual who claims copyright infringement and a violation of her right of publicity. Lisa B. Dubrow, Esq., Subscription Insider Guide to Regulation and Compliance, explains the basis of this lawsuit and why marketers need to be wary of relying upon boilerplate publicity releases included in official rules to use images submitted through social media channels.