Tag Archives: Consent

FTC Continues Crackdown on Misleading Online Marketing Tactics

On August 7, 2017, the FTC announced that it obtained a court order temporarily halting an online marketing scheme that deceptively lured shoppers into expensive negative option plans. The FTC alleged that defendants used initial low-cost trial offers to hook consumers into expensive monthly shipments without properly disclosing the terms and conditions of the deal or properly obtaining their consent.… Continue Reading

Down but Not Out: Second Circuit Breathes New Life Into the Use of TCPA Consent Clauses

Recently, the United States Court of Appeals for the Second Circuit affirmed the district court’s finding in Reyes v. Lincoln Automotive Financial Services that a customer could not revoke prior express consent for purposes of the Telephone Consumer Protection Act (“TCPA”) if that consent was provided as consideration in a binding contract. In a ruling … Continue Reading

FTC Releases Guidance on COPPA Compliance

On June 21, 2017, the Federal Trade Commission updated its guidance, Six-Step Compliance Plan for Your Business, for complying with the Children’s Online Privacy Protection Act. The FTC enforces the COPPA Rule, which sets requirements regarding children’s privacy and safety online.… Continue Reading

Appeal of FCC’s TCPA Order May Provide Clarity to Affected Businesses

Last month, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in ACA International v. FCC, the appeal of the Federal Communication Commission’s July 2015 declaratory order interpreting the Telephone Consumer Protection Act. The D.C. Circuit may soon clarify the TCPA’s restrictions on automated telephone dialing, a result many affected businesses throughout the country would welcome.… Continue Reading
LexBlog