• 07.16.19

    Ninth Circuit Upholds Arbitration Provision in Online Consumer Contract

    In the recent case In re Randall Holl, the U.S. Court of Appeals, Ninth Circuit reviewed an online arbitration agreement that implicated a combination of the clickwrap and incorporation by reference principles, enforcing an arbitration agreement it viewed as on the “outer limits” of ...

  • 07.09.19

    Influencer Disclosures: FTC Helps ERSP Secure Alo Yoga’s Cooperation

    In a win for self-regulation, eight months after referring a matter involving Instagram posts for Alo Yoga to the FTC, the Electronic Retailing Self-Regulation Program (ERSP) secured the company’s agreement to modify the posts to bring them into compliance with the FTC’s Endorsement ...

  • 07.09.19

    NAD Recommends Baby Monitor Improve Disclosure of Information Gathering

    Product disclosures for Owlet Baby Care’s Smart Sock baby monitor should be modified to make clear to consumers the “information-gathering nature of the device,” the National Advertising Division (NAD) recommended in a new decision.

  • 07.09.19

    Court Holds Delta’s Privacy Policy Isn’t a Contract

    Delta Air Lines scored a victory when a California federal court granted the company’s motion to dismiss a putative class action based on a data breach, primarily by arguing that its publicly posted privacy policy is not a contract and Delta did not have any enforceable obligation to keep the ...

  • 06.27.19

    FTC, FDA Caution E-Cig Companies About Influencer Marketing

    The Federal Trade Commission (FTC) and Food and Drug Administration (FDA) sent warning letters to four companies that manufacture and market flavored e-cigarettes, expressing concern about their influencer marketing practices on social media.

  • 06.27.19

    Tech Company Settles Data Security Action With FTC

    An Iowa tech company reached a deal with the Federal Trade Commission (FTC) to settle allegations that the company’s poor data security practices resulted in a breach that exposed the personal information of millions of consumers.

  • 06.27.19

    Dollar General Reaches $1.75M Deal Over Pricing

    Pricing problems will cost Dollar General $1.75 million in a settlement with the Vermont attorney general.

  • 06.27.19

    Gambling, Tracking Restricted in New App Store Rules

    Changes to Apple’s App Store Review Guidelines are facing backlash from developers across a variety of industries.

  • 06.20.19

    FTC Has Negative Review for Rental Companies’ CRFA Violations

    The Federal Trade Commission (FTC) doubled down on actions based on Consumer Review Fairness Act (CRFA) violations and issued administrative complaints alleging that two vacation rental companies and their owners used illegal nondisparagement clauses in their contracts.

  • 06.20.19

    State Privacy Laws Continue to Proliferate

    States continue to push forward with privacy laws, with new statutes in Nevada and Maine and a proposal currently pending in New York, which would impose requirements similar to those found in the California Consumer Privacy Act (CCPA).



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