CA Court: App Design Can Affect Terms of Use Enforceability
In a recent decision, the Northern District of California found a ride-sharing mobile application's terms of service unenforceable because, in some instances, a pop-up appeared that concealed the operative consent language on a user's mobile phone. That obstruction in the process effectively turned the terms of service into an unenforceable browsewrap agreement, writes Venable attorney Kimberly Culp in a recent post to the firm's advertising law blog. The post provides some practical tips that app marketers can use to maximize the enforceability of their terms of use.
To Be or Not to Be…a Call?
On March 31, 2017, All About the Message LLC (AATM) filed a petition for a declaratory ruling before the Federal Communications Commission (FCC), requesting that the FCC issue a rule that would declare that delivering a voice message directly to a consumer's voicemail box does not constitute a "call" that is subject to the Telephone Consumer Protection Act's (TCPA) general prohibition on the use of auto-dialers or pre-recorded voice messages (absent appropriate consent). If the FCC declares that ringless voicemail technology is not a "call" under the TCPA, write Venable attorneys Dan Blynn and Chris Boone in a recent blog post, it may open a new marketing avenue for creative telemarketers. The FCC has issued a public notice seeking comments by May 18, 2017.
Consumer Finance Enforcement in the New Administration
The Trump administration's Executive Orders, policy statements, and appointments have many companies in the consumer finance industry wondering what, exactly, to expect in the coming years. Recently, Members of Venable's Consumer Financial Services Practice, along with Paula-Rose Stark, a former Consumer Financial Protection Bureau attorney, now with Chain Bridge Partners, LLC, discussed the current and evolving state of federal and state consumer financial protection law and policy and offered insights and strategies to help companies navigate the evolving legal and political landscape.
From the Tool Kit
If a company goes through the effort of drafting terms and conditions for its website, video game, software, or mobile app, it should consider carefully how it will enforce those terms and conditions. In the most recent edition of the firm's Advertising Law Tool Kit, Venable attorney Kimberly Culp outlines best practices for creating enforceable "clickwrap" agreements.
| UPCOMING EVENTS |
National Animal Supplement Council (NASC)
May 16 – 18, 2017 | New Orleans, LA
The National Animal Supplement Council is an industry group dedicated to protecting and enhancing the health of companion animals throughout the U.S. Venable's Melissa Steinman, Todd Harrison, and Amy Mudge will be speaking on various topics at the nonprofit industry group's annual conference in New Orleans. Attend the conference to hear discussions around substances in animal food, how to navigate ever-changing social media channels, and minimum advertised pricing.
ERA Government Affairs Fly-In and ERSP Summit
May 23 – 24, 2017 | Washington, DC
Join the leadership of the Electronic Retailing industry as it gathers in Washington, DC to discuss the political landscape and what to expect from Congress, regulators, and the new administration in the year ahead. The Fly-In offers a unique opportunity to play a vital role in educating national leaders about the electronic retailing business while molding and protecting the industry's future. The co-located ERSP Summit, which takes place on May 23, is a great opportunity to network with legal professionals and industry leaders to discuss trends in industry self-regulation and direct-response advertising.
COMPLY2017 – The RegTech and Compliance Conference
June 7 – 8, 2017 | New York, NY
Join Venable and other leading professionals interested in compliance, education, marketing, and RegTech solutions. Venable attorney Alexandra Megaris will moderate a state AG and regulatory session, "The Shifting Regulatory Environment: A State and Local Perspective," on June 7. Hear from federal and state officials on the front lines of consumer protection regulation and enforcement about these shifts and how they directly impact your organization as it prepares and plans its compliance priorities. Save $100 off your registration with the discount code VENABLEVIP.