FTC Schools Marketers on the ABCs of Negative Option Marketing
We have written previously about the FTC's vigorous enforcement efforts relating to negative option marketing and its crackdown on alleged wrongdoing seeking to exploit the difficulties presented by COVID-19 (see blog posts here and here). Recently, the FTC continued its efforts with a complaint and settlement concerning negative option marketing to parents seeking online educational resources for their children.
Your Renewal Reminder: Enforcement Actions, Lawsuits, and Legislative Updates under Autorenewal Laws
Autorenewal programs are a recurring issue under state and federal law, and the past few months have been no exception. The Federal Trade Commission, state attorneys general, and private plaintiffs have been hard at work enforcing these laws, and state legislatures have also taken steps to strengthen the protections available to consumers under these statutes.
Following the Mone(tary Relief): District Court Limits the FTC’s Authority Post-Liu
In the wake of the Supreme Court's opinion in Liu v. SEC, lower courts are starting to address the breadth of its applicability. On August 31, 2020, the District of Arizona welcomed the Supreme Court's directives in Liu when denying Electronic Payment Solutions of America Inc.'s (EPS) bid for summary judgment against the FTC. To the extent other courts read Liu as similarly applicable, this could have broad implications for the FTC's authority to obtain monetary relief.
FTC Scrutinizes Loot Boxes – What are the Odds?
The FTC recently released its staff perspective paper on video game loot boxes. The report details discussions from the FTC's loot box workshop that took place in August last year, summarizing key points and takeaways. You can read our write up of the workshop here.
Postal Service Is Hottest Issue on the Hill
Following widespread media coverage of operational changes at the U.S. Postal Service (USPS) resulting in delivery delays, the U.S. House of Representatives plans to return from August recess for a vote Saturday, August 22 on legislation to address USPS operations and funding. The Senate and House committees with jurisdiction over the USPS have also announced plans to hold hearings on service, financial, and mail-in voting issues on Friday, August 21 and Monday, August 24, respectively. Although Postmaster General Louis DeJoy announced on Tuesday that he would suspend any operational changes until after the election, the hearings and the House vote are expected to proceed.