Last week Lisa B. Dubrow, Esq. reported on anticipated new rules to be issued by Mastercard based on an announcement Mastercard made on January 16th, modified on the following day. There were still outstanding questions. Today's update further clarifies the Mastercard announcement including what types of companies these rules impact and when they go into effect.
Lisa B. Dubrow is a lawyer specializing in advertising, consumer protection and privacy law. She counsels clients on legal issues surrounding the advertising and marketing of goods and services, including how to comply with subscription and recurring billing business models. Her practice encompasses consumer protection issues, the security and privacy of consumer databases, state and federal compliance with all methods of sales including e-commerce, direct mail and telemarketing, negative option sales, “back-end issues” related to consumer payments, behavioral marketing, influential and real-time marketing, licensing and affiliate sales arrangements, and the negotiation and drafting of contracts pertaining to product development, marketing and sales, including those with vendors, agencies, fulfillment, distribution, talent, production and media.
Ms. Dubrow is a Phi Beta Kappa graduate of SUNY Binghamton. She received her law degree from New York University School of Law. She has earned the credentials of being a Certified Information Privacy Professional in the United States and Europe and a Certified Information Privacy Manager (CIPP/US, CIPP/E, CIPM) through the International Association of Privacy Professionals.
For more information, please visit: www.lisadubrow.com
Mastercard just announced that they are introducing new rules for merchants who sell using recurring billing models. Lisa B. Dubrow, Esq explains what this means for subscription merchants.
As those of you looking at your budgets for 2019 you should factor in the cost of documenting your data collection policies and reviewing your current business models in the context of what you may need to do to comply with the new California Consumer Privacy Act (CCPA). CCPA goes into effect in 2020 but its sweeping nature will require companies to use this lead time to effect changes in order to achieve compliance.
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.