free-to-pay Archives - Klein Moynihan Turco

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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North Dakota is Latest State to Pass Automatic Renewal Law

Journal / David Klein

June 5, 3019 North Dakota has passed House Bill 1195 (the “Law”) to regulate automatic renewal agreements. Agreements entered into after July 31, 2019, containing automatic renewal clauses for the sale of goods or services, must comply with the new restrictions contained in the automatic renewal Law. How do sellers comply with the Law?

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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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Skincare Product Marketer’s Continuity Billing Draws FTC Scrutiny

Journal / David Klein

March 4, 2019 Beauty product marketer, F9 Advertising, LLC, several related entities, and their individual owner, have been sued by the Federal Trade Commission (“FTC”) for allegedly fraudulent continuity billing practices. The FTC alleges that the non-compliant continuity billing practices and related marketing violate the Restore Online Shoppers’ Confidence Act (“ROSCA”). How do the entities’

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FTC Settles Negative Option Lawsuit

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

April 18, 2018 The Federal Trade Commission (“FTC”) entered into a settlement agreement this week with dozens of related entities and their individual owners in connection with a negative option marketing operation. The FTC had commenced a lawsuit against the parties alleging that the individual owners operated nearly sixty (60) companies that sold personal care

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Spotify’s Automatic Renewal Problem Continues

Leave a Comment / Blog, Data & Privacy Law, Journal / David Klein

July 27, 2017 Spotify USA, Inc.’s (“Spotify”) efforts to have class action claims regarding its automatic renewal practices dismissed were recently denied by a federal court in California. The decision represents another data point in the recent upward trend of class action lawsuits involving claimed violations of California’s Automatic Renewal Law (“ARL”). How do Spotify’s

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