Internet Marketing Law Blog

The FTC continues to aggressively target negative option offers that deceptively induce consumers through a “free trial” or low-cost initial fee to make a purchase without being informed there will be recurring charges unless they cancel. All material terms must be “clearly, conspicuously and prominently” disclosed to consumers prior to the submission of billing information.…

The Federal Trade Commission has released a staff report summarizing agency-commissioned exploratory research from 2014-2015. The report, entitled “Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising,” explores consumer recognition of paid search advertising and “native advertising” that resemble news, feature articles, product reviews, entertainment or other…

New York Attorney General Eric T. Schneiderman has introduced a new measure to “close major gaps” in the state’s “weak and outdated” data security laws. The Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) would impose a legal responsibility for businesses to adopt “reasonable” administrative, technical and physical safeguards for sensitive data. The…

On November 29, 2017 the U.S. Supreme Court heard oral argument in United States v. Carpenter, an appeal from a Sixth Circuit decision that held the warrantless collection by law enforcement of historical cell-site location data did not violate the Fourth Amendment. The case has the potential to significantly change how the government collects, uses and…

The  FTC has released its draft Strategic Plan for Fiscal Years 2018 to 2022 for public review and comment, as required under the GPRA Modernization Act of 2010, using guidance issued by the Office of Management and Budget.  FTC’s last updated strategic plan was prepared in FY 2013.  This plan presents strategic objectives for the next five years and details…

On October 18, 2017, the Consumer Financial Protection Bureau released its Consumer Protection Principles: Consumer-Authorized Financial Data Sharing and Aggregation (Principles). According to the CFPB, the Principles express the Bureau’s vision for realizing a robust, safe, and workable data aggregation market that gives protection, usefulness, and value.  The CFPB also specifically noted that the Principles are…