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Publications
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02.03.20222022 Compliance Landscape for Recurring Subscription ProgramsUpdatesBusinesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations.
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12.16.2021Ad Law Resolutions for 2022Updates‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims.
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09.08.2021Sustainability Advertising: Key TakeawaysUpdatesIn this issue of the Perkins Coie Summer Sustainability Series, we discuss best practices based on Federal Trade Commission guidance and the most recent green advertising litigation trends.
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01.12.2021Congress Establishes New Copyright Small Claims CourtUpdatesThe Copyright Alternative in Small Claims Enforcement Act (CASE Act) was signed into law on December 27, 2020, as part of the Omnibus COVID-19 Relief Bill. The CASE Act establishes a completely new forum for resolution of small copyright disputes, the Copyright Claims Board (CCB), in which parties may voluntarily resolve copyright disputes in front of a three-judge panel of officers appointed by the librarian of Congress.
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12.14.2020Hot Ad Law Topics for 2021UpdatesRing in the new year by avoiding practices that could result in class actions, regulatory enforcement actions, and competitor claims.
Consumer Protection Review | Perkins on Privacy
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FTC Guidance for Platforms and Marketers Utilizing Online Customer Reviews
Key Takeaways: The Federal Trade Commission (FTC) issued two new guides for platforms and marketers to help ensure transparency in online reviews and address soliciting, moderating, and reporting reviews, and the use of third-party “reputation boosting” services. The FTC has actively enforced against companies responsible for publishing deceptive reviews and blocking honest reviews, and recently... -
2022 Compliance Landscape for Recurring Subscription Programs
Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations that apply to such subscriptions. The Federal Trade Commission recently issued an Enforcement Policy Statement Regarding Negative Option Marketing that addresses recurring subscription programs. Additionally, California, Colorado, Delaware, and Illinois have all either passed... -
Eleventh Circuit Vacates Ruling That Websites Are Not Public Accommodations Under the ADA
Key Takeaways: The U.S. Court of Appeals for the Eleventh Circuit recently vacated its April 2021 opinion holding that websites do not constitute places of public accommodations under Title III of the Americans with Disabilities Act (ADA). Prior to this decision, the Eleventh Circuit was the only federal circuit court of appeal to explicitly hold... -
Updated CARU Children’s Advertising Guidelines Take Effect
The new Self-Regulatory Guidelines for Children’s Advertising (the Guidelines) issued by the Children’s Advertising Review Unit (CARU) went into effect on January 1, 2022. The Guidelines apply to advertising that is primarily directed at children under the age of 13 in any medium. CARU will monitor child-directed advertising and media for compliance with the Guidelines...
