Alexa Singh

Oct 21, 2024 | mondaq.com | Paavana L. Kumar |Alexa Singh

The long-awaited final rule will trigger an industry-wide shift in how subscription offers are handled. The new rule applies to virtually all negative option marketing – whether online, over the phone or in person. The final rule deviates from or clarifies the proposed rule in several respects, including by expressly confirming the rule applies to B2B transactions and walking back the proposed prohibition on consumer "save" attempts.

Sep 3, 2024 | mondaq.com | Paavana L. Kumar |Alexa Singh

The FTC continues its aggressive campaign against "dark patterns" and deceptive earnings claims – especially where impressionable consumer demographics are involved. Regulators aren't going to wait until the new Negative Option Rule is passed to bring actions against companies who make it too difficult for consumers to cancel their subscription. Companies should take the time to audit their marketing claims and user flows to avoid becoming the FTC's next target.

Mar 27, 2024 | mondaq.com | Paavana L. Kumar |Alexa Singh

The retail and e-commerce sector will continue its dynamic transformation in 2024, as industry giants and startups alike leverage cutting-edge technologies and innovative marketing strategies. All the while, the Federal Trade Commission (FTC) and state attorneys general are busy restocking the legal shelves with new rules and regulations in efforts to ensure every transaction and tactic meets the evolving fairness and transparency standards.

Feb 29, 2024 | mondaq.com | Marc J Rachman |Ina B. Scher |David Greenberg |Alexa Singh

A recent decision indicates that "natural" product claims do not necessarily mean that the product contains no synthetic and/or highly processed ingredients. "Natural" claims continue to be a focus of consumer class actions, and companies making "natural" claims should ensure that they understand and are managing this risk. Depending on the court, precedent may vary as to whether a challenge to a claim of "natural" can proceed to trial.