Consumer Protection Review
Consumer Protection Review
Consumer Protection Review helps businesses that market and sell to consumers navigate federal and state legal issues related to advertising, privacy, promotions, products liability, government investigations, unfair competition, class actions and general consumer protection.
I Am Robot: California’s New Law Requires Disclosure of Use of Bots
California's new Autobot Law, Cal. Bus. & Prof. Code § 17940, et seq. (SB 1001), which goes into effect July 1, 2019, may affect businesses that use chatbots to interact with customers online.
Nevada Expands Online Privacy Law to Grant Consumers Additional Rights While Excluding Certain Institutions From Compliance
Nevada is the latest state to strengthen privacy laws to address the perceived need for more oversight of how companies handle personal data.
Supreme Court Holds That Class Arbitration Cannot Be Inferred from Ambiguous Agreement
The United States Supreme Court recently held that classwide arbitration cannot be inferred from an ambiguous agreement.
New Consumer Protection Due Diligence That Your Company May Need to Perform
The Ninth Circuit recently held a company vicariously liable for the actions of a downstream vendor of text message and telephone marketing activities.
FTC to Hold Workshop on Consumer Protection Issues Related to Video Game Loot Boxes
On August 7, 2019, the Federal Trade Commission (FTC) will host a public workshop to examine consumer protection issues related to the sale of "loot boxes" in video games.
Incentivized Review and Free Trial Practices Draw the Ire of the FTC
In 2016, UrthBox, Inc., a subscription-based service sending monthly snack boxes to customers, had only nine reviews on the Better Business Bureau's website and all of them were negative.
FTC Joins FDA in Sending Warning Letters to Companies Advertising and Selling Products Containing Cannabidiol (CBD) Claiming to Treat Alzheimer’s, Cancer, and Other Diseases
On March 28, 2019, the Federal Trade Commission (FTC) joined the Food and Drug Administration (FDA) in sending warning letters to three companies that market products that contain cannabidiol (CBD), which the companies claim can treat a variety of serious physical and mental disorders.
New TCPA Ruling Holds an Autodialer Must Have the Capacity to Generate Numbers Randomly or Sequentially
In the wake of the D.C.
New Accessibility Requirements in Effect for Video Game Software
As of January 1, 2019, video game developers and publishers are now subject to certain accessibility requirements under the Twenty-First Century Communications and Video Accessibility Act (CVAA) that apply to manufacturers and providers of advanced communications services (ACS).
Supreme Court’s Denial of Spirit Airline’s Petition for Review Leaves Uncertainty about Whether Court or Arbitrator Determines Whether Class Arbitration Is Available
The U.S. Supreme Court denied a petition for writ of certiorari filed by Spirit Airlines Inc. in Spirit Airlines Inc. v.
Proactive Self-Regulatory Council for the Direct Selling Industry Launches in January
Last month, the Direct Selling Association (DSA) launched the Direct Selling Self-Regulatory Council (DS-SRC), a new enforcement agency charged with policing the direct selling industry.
Ninth Circuit Rules That Lack of Web Accessibility Regulations Does Not Bar ADA Suits
The U.S. Court of Appeals for the Ninth Circuit issued a decision on January 15, 2019 in a closely followed web accessibility case, Robles v.
Updates to Massachusetts Data Security Requirements
New changes to the Massachusetts data breach notification statute emphasize timely and public disclosure of data security incidents, including requiring companies to disclose compliance with Massachusetts' data security law.
Google Defeats Biometric Privacy Lawsuit on Article III Standing Grounds
On December 29, 2018, Google won summary judgment in Rivera v. Google, a privacy class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA).
Ninth Circuit Interprets Automatic Telephone Dialing System under TCPA, Leaving Circuit Split
The Ninth Circuit recently denied a motion for rehearing en banc in Marks v.