continuity plan Archives - Klein Moynihan Turco

NutraClick Penalized $1.04 Million for Continuity Plan Law Violations

Blog, Online Marketing & Advertising Law / David Klein

The Federal Trade Commission (“FTC”) will refund over $973,000 to consumers who were enrolled in continuity plans with NutraClick, LLC (“NutraClick”). The settlement fund comes from $1.04 million that NutraClick agreed to pay to settle a lawsuit brought by the FTC. In the lawsuit, the FTC alleged that NutraClick violated federal law by misleading consumers […]

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California Strengthens its Automatic Renewal Law

Blog, Data & Privacy Law, Online Marketing & Advertising Law / David Klein

On July 1, 2022, California Assembly Bill No. 390 (the “Amended Law”) will go into effect. The Amended Law revised Section 17602 of California’s Business and Professions Code, requiring businesses to adapt to a stricter Automatic Renewal Law (“ARL”). After July 1, companies offering automatically renewing subscription services to California State customers must, among other things,

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FTC Calls for Public Comment on Negative Option Marketing

Blog, Data & Privacy Law, Internet Law, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

September 30, 2019 On September 25, 2019, the Federal Trade Commission (“FTC” or “Commission”) published an Advance Notice of Proposed Rulemaking calling for public comment on the need to amend the current “Rule Concerning the Use of Prenotification Negative Option Plans” (the “Negative Option Rule” or “Rule”). Negative option marketing, where a consumer’s silence constitutes

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FTC Settles Another Free Trial Law Investigation

Journal / David Klein

June 6, 2019 Last week, the Federal Trade Commission (“FTC”) announced that it had settled a free product trial lawsuit brought against Triangle Media Corp., Jasper Rain Marketing LLC, Hardwire Interactive Inc., Global Northern Trading Ltd., Brian Phillips, and Devin Keer (collectively, “Defendants”). The FTC’s free trial law complaint and amended complaint both alleged that

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Mastercard Free Trial Requirements

Blog, Journal, Online Marketing & Advertising Law / David Klein

March 6, 2019 Last month, Mastercard Incorporated (“Mastercard”) announced an important change to its policies that will require merchants to provide specific automatic enrollment disclosures to consumers at the conclusion of all free-trial offers. The Mastercard free trial terms are intended to protect consumers from merchants that offer misleading “free to pay” conversions, continuity plans,

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Automatic Renewal Law Awaiting Mayor Approval in Washington D.C.

Journal / David Klein

January 17, 2019 Washington D.C. is in the process of enacting the Structured Settlements and Automatic Renewal Protections Act of 2018 (the “Act”). In part, the automatic renewal law Act would place new restrictions on businesses that sell goods or services to consumers pursuant to a contract that automatically renews. What are the key provisions

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eHarmony Agrees to Settle Automatic Renewal Lawsuit

Journal / David Klein

January 18, 2018 On January 8, 2018, eHarmony, Inc. (“eHarmony”), one of the largest online dating services in the United States, agreed to settle an automatic renewal lawsuit brought by the District Attorneys of four California Counties, as well as the City of Santa Monica (collectively “the State”). The final judgment was entered by the

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Online Lingerie Marketer Settles Negative Option Lawsuit With FTC

Journal / David Klein

November 22, 2017 The Federal Trade Commission (“FTC”) has announced that online lingerie marketer AdoreMe, Inc. (“AdoreMe”) has settled claims alleging that its deceptive negative option enrollment and cancellation practices violated both Section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act. The underlying complaint in the negative option lawsuit alleged improper

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