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.
Are you familiar with the recent bill, the “Unsubscribe Act of 2017?” You should be. This bill focuses on negative option contracts offered on the internet and includes a number of potentially problematic requirements. There is also a host of state legislative initiatives also focused on “negative option” or auto-renew that can and will impact your subscription or membership business if you are not careful. Lisa B. Dubrow, Esq., Subscription Insider Guide to Regulation and Compliance, explains this flurry of legislative activity around negative option plans.
The Consumer Review Fairness Act prohibits companies from threatening to sue or otherwise penalizing consumers for posting negative reviews or complaints. Lisa B. Dubrow, Subscription Insider Guide to Regulation and Compliance, explains this recent regulation.
The Federal Trade Commission (FTC) on January 23, 2017, released a report designed to provide guidance and insight into the legal issues associated with tracking a user across multiple devices. For advertisers, this type of tracking is an effective means to raise conversion rates, save purchase cart abandonment, or even raise engagement. Lisa B. Dubrow, Esq, walks through the report and offer five tips for digital media companies to help follow FTC guidance.
How you set up a trial offer, how you disclose certain elements of that offer in marketing copy, and how your financial operations manage money related to that free trial offer. all have potential legal implications. Lisa B. Dubrow, Esq., walks through five legal considerations every business should be mindful of when incorporating a trial offer to your subscription or membership product.
Offering a subscription trial is often the most debated and discussed topic for subscription businesses. No matter how much experience your team has, the best course of action is to begin with a well-informed plan based on your answers to the questions here.