New Mastercard Requirements for Subscription and Negative Option Billing Models
Mastercard recently announced new requirements for merchants using a subscription billing model or negative option model, or both. The new standards focus on disclosures made to consumers at the point of payment; providing adequate confirmation, notices, and billing receipts; and affording customers an online or electronic cancellation method. Requirements relating to point of payment disclosures become effective on September 22, 2022. The other requirements will become effective much sooner, on March 22, 2022.
Chair Kahn says Don't Do the Crime If You Can't Do the Time
A hallmark of Chair Lina Khan's tenure thus far at the FTC has been her effort to stoke fear to try to deter conduct that she does not like. The FTC's recent Penalty Offense Notices and the Enforcement Statement on Negative Option Marketing provide examples. During the Commission's open meeting on November 18 the Commission engaged in more sabre rattling by issuing a "Commission Statement Regarding Criminal Referral and Partnership Process." This statement outlines the FTC's renewed commitment to continue to expand its criminal referral program.
Update on Consumer Financial Services Investigations and Enforcement
Consumer financial services investigations and enforcement actions can present significant risks and potential disruptions for companies. Assessing how they might impact your company and how to respond presents its own challenges. With increased activity at the CFPB in investigations and enforcement, and synergies on priorities among the CFPB, the FTC, the DOJ and activity on the state level, there are multiple paths to being scrutinized and investigated for compliance with the alphabet soup of consumer financial laws and regulations. This session will focus on the latest developments and key issues arising in consumer financial services investigations and enforcement matters across the CFPB, FTC, DOJ, and state attorneys general and regulators, with insights from attorneys who are on the front lines of providing compliance advice, defending investigations, and litigating when needed.