Paavana L. Kumar

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.

Aug 2, 2024 | mondaq.com | Louis DiLorenzo |Paavana L. Kumar

Drip pricing is now a top priority for regulators, who have made clear that adding exorbitant fees on checkout is a deceptive 'dark pattern.' This will not be the last time that a merchant is challenged over their use of drip pricing, and will almost certainly be followed not only by increased regulatory action but also by consumer class action lawsuits.

May 9, 2024 | mondaq.com | Louis DiLorenzo |Paavana L. Kumar

Cause marketing was already a highly regulated area, and the new California regulations create new requirements that will impact the vast majority of cause marketing activities. Brands and marketers that seek to partner with charities will need to be careful to ensure that their activities are compliant with California's laws, in addition to the handful of other states that already require registration. The new regulations take effect June 12.

May 1, 2024 | mondaq.com | Paavana L. Kumar

Advertising + Marketing partner Paavana Kumar sat down with Marie Potel-Saville, founder of FairPatterns, to discuss the evolution of dark patterns and regulators' increased focus on deceptive online practices. In this podcast, Paavana and Marie explore the evolving regulatory landscape, proposed updates to streamline requirements for subscription programs, and practical steps businesses can take to avoid dark patterns and ensure compliance with regulators. Listen to the full podcast below.