The Federal Trade Commission, state regulators, and class action plaintiffs are increasingly using the terms “junk fees” and “dark patterns” in recent months. For example, the FTC’s April 24 informal hearing on its proposed Rule on Unfair or Deceptive Fees has shed more light on the agency’s position. Class action plaintiffs have also begun to challenge “dark patterns” in continuity and negative option programs, including hidden disclosures and difficult cancellation mechanisms. We are also seeing increased challenges against so-called “early termination fees” for customers who cancel before their minimum term, which plaintiffs and regulators have characterized as junk fees. And, the ever-active California legislature is quietly seeking to expand its autorenewal law to include more stringent consent and cancellation requirements. Join Venable’s Autorenewal Solutions Team (VAST) on May 23 at 2:00 p.m. ET to learn more about these updates.
Speakers
Leonard L. Gordon, Partner, Venable LLP
Shahin O. Rothermel, Partner, Venable LLP
Ari N Rothman, Partner, Venable LLP