Earlier this year, we posted about new laws governing automatic renewals in DC and Vermont. Starting on July 31, 2019, companies also need to worry about a similar statute in North Dakota.
Under the new law, companies must generally (a) present the terms of the automatic renewal offer in a clear and conspicuous manner,
On July 1, 2019, a new law governing automatic renewals will go into effect in Vermont. Although the law includes two provisions that are more stringent than those found in other state laws, the Vermont law is more limited in scope. It only applies to agreements with an initial term of one year or longer
The Electronic Retailing Self-Regulation Program (or “ERSP”) recently announced a decision involving Alo Yoga’s influencer campaign. The decision centers around how the company’s influencers disclosed – or, in some cases, failed to disclose – their connection to the company, and it includes helpful reminders about how to conduct an influencer campaign.
At the outset, the
In the world of influencer marketing, a person’s power is often measured in terms of followers, “likes,” and other types of engagement. Because more followers and more engagement generally means more reach, companies who work with influencers often base their compensation on these metrics. But thanks to shady agencies that sell fake followers and offer
In February, we posted that the California Attorney General and state Senator Hannah-Beth Jackson had announced a bill that would have materially expanded legal exposure for businesses under the CCPA. The most concerning parts of the bill were the attempts to expand the private right of action to cover privacy practices, while simultaneously removing companies’
The Consumer Review Fairness Act was enacted in 2016 to protect consumers’ ability to share their opinions about 
businesses. In general, the law prohibits companies from using form contracts that: (a) prohibit or restrict consumers from reviewing a business’ goods, services, or conduct; (b) impose penalties or fees on consumers for those reviews; or (c)
The line between what’s an objective claim (which does require proof) and puffery (which does not require proof) isn’t always clear, and reasonable minds can differ as to on which side of the line a claim belongs. When the Eighth Circuit held in 2004 that “America’s Favorite Pasta” was puffery, many people were surprised and
This week, the FTC announced a settlement with UrthBox and its president that addresses two topics that we frequently cover on this blog: (1) free trials; and (2) incentivized reviews.
Free Trial
The FTC alleged that Urthbox offered a “free” trial of its snack boxes for a nominal shipping and handling fee. 
For some consumers,
This week, the FTC announced its first case involving fake reviews on an independent website.
Cure Encapsulations sells a weight-loss product exclusively on Amazon. When the company wanted to boost its sales, its owner turned to Amazon Verified Reviews (or “AVR,” for short), a website that offers Amazon sellers services designed to “push your product
Last week, the California Assembly’s Standing Committee on Privacy and Consumer Protection held a hearing to discuss the California Consumer Privacy Act. While many panelists from the private sector pointed out problems with the law, a few panelists defended the law, and some suggested that it didn’t go far enough. For example, Stacey Schesser, the
