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Advertising Law Blog
The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.
Showing 10 posts in Automatic Renewal.
Federal ‘Unsubscribe Act’ Introduced to Regulate Negative Option Agreements
In the wake of several state-enacted regulations and restrictions on automatic renewal provisions in consumer contracts, on May 10, 2019, Rep. Mark Takano (D-Calif.) introduced the federal Unsubscribe Act of 2019, H.R. 2683, to increase consumer protection with respect to online negative option agreements. Negative option agreements include by definition automatic renewal contracts, continuity plan contracts and free-to-pay conversion contracts. Read More ›
North Dakota Introduces Automatic Renewal Law – Prohibits Renewal Periods Exceeding Twelve Months in Consumer Contracts
Following other states that have recently enacted regulations and additional restrictions on automatic renewal provisions in consumer contracts, on April 9, 2019, North Dakota House Bill 1195, which enacts a new chapter of the North Dakota Century Code relating to certain marketing practices involving automatic renewal, was signed by Governor Doug Burgum and filed with the Secretary of State. Read More ›
DC Enacts Automatic Renewal Law
As we have discussed in previous blog posts, subscription-based business models and the automatic renewal techniques they popularly employ have garnered attention from regulators in recent years. The District of Columbia has now passed its own law regulating automatic renewals. With the passage of this law, D.C. joins many other states in requiring specific disclosures from advertisers who utilize automatic renewals as an integral part of their business model. The law has provisions similar to those in certain states, but also has important timing requirements. Read More ›
Guthy-Renker Reaches CART Automatic Renewal Lawsuit
Reflecting California’s continuing challenge to automatic renewal programs, direct marketing firm, Guthy-Renker, agreed to settle claims brought by multiple California city and district attorneys (CART) alleging that the direct marketing firm engaged in improper automatic renewal practices with respect to its sale of ProActiv skin products and Wen hair products. Read More ›
California Federal Court Approves Settlement in Automatic Renewal Case
Many online ecommerce companies operate on a subscription model. Such companies need to be cognizant of federal and state laws governing advertising and enrollment in continuous service plans. The failure to consider particular state requirements can have significant consequences given the aggressive plaintiffs’ bar. A recent federal-court approved settlement between Yahoo Inc. and users of Rivals.com highlights this exposure. Read More ›
Vermont Becomes First State to Require Onerous “Double Opt-In” with Respect to Automatic Renewal Provisions
Following up on other states recently enacting additional restrictions on automatic renewal provisions, on May 28, 2018, Vermont House Bill 593, an omnibus consumer protection bill, was allowed to go into effect without the signature of Governor Phil Scott, making Vermont the first state to require a “double opt-in” with respect to automatic renewal provisions. Read More ›
Leading Internet Case Law Publishes Article by Andrew Lustigman on California’s Auto-Renewal Laws
Andrew Lustigman published an article in Leading Internet Case Law entitled “eHarmony Settlement Illustrates Changes Required in E-Commerce Subscriptions Programs.” Read More ›
Review Your Enrollment Processes Now: California Enhances Its Automatic Renewal Statute
Many marketers rely on advance consent auto-renewal programs, particularly for online subscription sign-ups. In the wake of the booming subscription-based business model and a rise in class action filings under state automatic renewal laws, many states are enacting or updating their laws to strengthen consumer protection. California’s recently enacted Senate Bill 313 enhances what was already one of the most stringent auto-renewal laws in the nation. Read More ›
Autorenewal Programs Garner Scrutiny
Lustigman discusses the challenges of advance consent in Inside Counsel article. Read More ›
Georgia Passes New Regulations on Automatic Renewal Plans
Georgia has recently passed new legislation aimed at regulating the use of automatic renewal provisions in service contracts. Read More ›