Perspectives on Advertising & Promotions

Operators of a negative option scam recently settled FTC charges for offering “risk-free” trials and then charging full price for the trial product and enrolling consumers in a continuous subscription without obtaining consent. The defendants are required to pay over $9 million in consumer refunds.

The FTC recently brought action against two companies for including non-disparagement provisions that bar or impose financial penalties on consumers for writing negative reviews in their form contracts, without a meaningful opportunity for consumers to negotiate such terms.

Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites.

The Federal Trade Commission recently announced that it will renew efforts to investigate and police companies that use misleading advertising to sell legitimate products and services.

The FTC recently filed claims against Douglas Monahan for operating four crowdfunding schemes in which consumers were told their contributions were going towards the development of high-tech backpacks and bags.

The Federal Trade Commission (FTC) is showing no signs of backing off its aggressive enforcement of online negative option offers after filing a federal lawsuit against eight commonly-controlled companies that sell skin care products.

“Level Up” with Arent Fox as we address the latest legal challenges at play in esports and innovative gaming and how businesses can remain competitive in an advancing industry.

New York-based company Cure Encapsulations, Inc. and its owner Naftula Jacobowitz, settled Federal Trade Commission charges that the company paid a third-party website to write and post fake reviews for a weight-loss supplement on an independent retail website and made false and unsubstantiated clai

As part of its initiative to ensure consumer protection rules are up-to-date with economic and technological advances, the Federal Trade Commission recently completed its first review of the CAN-SPAM Rule, and ultimately voted to keep the Rule in place without making any changes.

Guess was recently tagged by the European Commission for engaging in “geo-blocking,” a practice by which consumers are restricted from accessing certain Internet content based upon geographical location.

The California Consumer Privacy Act (CCPA) is a new landmark privacy law that formally went into effect on January 1, 2020, imposing additional requirements on covered entities, including data brokers.

Forty Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2019.

A New Jersey-based company, Aromaflage, and its owners have agreed to settle charges brought by the Federal Trade Commission (FTC) regarding the company’s sale of sprays and candles that claim to be insect-repelling.

The Federal Trade Commission recently reached a settlement agreement over charges against an online marketing operation accused of deceptively luring consumers into expensive subscriptions by offering “free trials” of teeth-whiteners and related products.

In a striking victory for media companies and the First Amendment, a California appeals court recently threw out two-time Academy Award winner Olivia de Havilland’s lawsuit against FX, which alleged that the docudrama Feud harmed her reputation and profited off her name without compensating her.

Got blockchain? For many, the answer to this question is “no” but the technology and the medium of exchange built on it have arrived and many platforms and industries are looking to see how it can help facilitate transactions and allow for more efficiencies.

SDNY has ruled that embedding a copyrighted photo that had been posted to Twitter constituted copyright infringement.

The US House of Representatives has passed legislation that would amend the Americans with Disabilities Act in an effort to stem “drive-by” lawsuits.

Fashion Law leader Anthony Lupo spoke with WWD on a recent trend by companies to bring provocative (and critical) social media voices into their fold.

Belgium, Australia, the United Kingdom, and the State of Hawaii are looking into the lawfulness of “loot boxes” in mobile games. “Loot boxes” are virtual prize packages that may be purchased in mobile games where the player is unaware of what virtual items are inside the package until following the

Online arbitration provision for a web-based application is enforceable, reversing a lower court decision and essentially blocking a proposed class action.

Calling all #influencers: that promotional post may attract more attention than you bargained for with your brand if you fail to use required disclosures.

Thinking about updating your privacy policy? Consider how to get consumer buy-in as part of the process.

An online retailer pled guilty to a price-fixing conspiracy for customized promotional products that was implemented through text messaging and social media.

Forty-two Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2018.