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.
The California Online Privacy Protection Act (CalOPPA) applies to any organization that collects personally identifiable information (PII) from California residents. Lisa B. Dubrow, Esq., Subscription Insider Guide to Regulation and Compliance, explains the law, how consumers can now report violations, and what subscription and membership companies need to do to comply.
Having a well-drafted social media policy can protect your company from employees who post inappropriate or unlawful content on social media. But watch out -- your policy may inadvertently violate the National Labor Relations Board Act (NLRB Act), which prohibits employers from restricting employees’ “protected concerted activity.” Lisa B. Dubrow, Esq., Subscription Insider Guide to Regulation, walks through recommendations to help you stay on the right side of the law and discusses two recent cases involving Chipotle and Machinima, specifically related to corporate social media policy.
The U.S. Copyright Office has announced a new electronic filing system for registering websites, apps, and other online platforms for “safe harbor” protection from copyright infringement liability. The new system becomes effective December 1, 2016. Lisa B. Dubrow, Esq, Subscription Insider Guide to Regulation and Compliance reviews the changes and provides action items for companies.