Kelley Drye Ad Law Access Podcast Kelley Drye Advertising Law

General Kris Mayes recently filed two new lawsuits against Amazon.

The first accuses Amazon of using ​“dark patterns,” or digital design tricks, that make it difficult for consumers to cancel their Prime subscriptions. According to the lawsuit, Amazon used misleading graphics and wording and emphasized the benefits of Prime before allowing consumers to cancel their subscriptions to the service, among other hurdles designed to exploit cognitive biases and influence a user’s choices.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/arizona-turns-up-the-heat-in-amazons-legal-battles

Paul Singer
psinger@kelleydrye.com
(202) 342-8672
www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson
astempson@kelleydrye.com
(202) 342-8678
www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun
bchun@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Shea O'Meara
someara@kelleydrye.com
(212) 808-5042
www.kelleydrye.com/people/shea-omeara

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Yesterday, the CFPB released a report on rewards programs that traces the rise of such programs and warns that it views certain practices as unfair, deceptive, or abusive acts and practices ripe for investigation and enforcement. While the report addresses credit card rewards programs specifically, there are important takeaways for co-branded partners and any company offering a loyalty or rewards program to mitigate risk of enforcement and litigation.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cfpb-report-and-hearing-with-dot-highlight-risks-with-rewards-programs

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

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Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the treatment of the disease and its symptoms. As part of his advocacy, Wilkins entered into an endorsement agreement with Genesis Performance Group to promote PeptideVite, a supplement that helps with the side effects of diabetes medication.

www.kelleydrye.com/viewpoints/blog…ed-use-of-image

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576
www.kelleydrye.com/people/gonzalo-e-mon

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This week, the California AG’s office released a set of FAQs on California’s law addressing hidden fees. As a reminder, the law states that the following practices will be unlawful under the Consumer Legal Remedies Act (“CLRA”) starting on July 1, 2024.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/california-issues-faqs-on-hidden-fee-law

Gonzalo Mon
gmon@kelleydrye.com
(202) 342-8576
www.kelleydrye.com/people/gonzalo-e-mon

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

Beth Chun
bchun@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

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View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

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In a long-awaited decision with profound implications for the future of the agency, the Supreme Court held 7-2 today that the Consumer Financial Protection Bureau (CFPB) is constitutionally funded. CFPB officials can breathe a sigh of relief as a contrary decision would have called into question many longstanding enforcement, investigative, and regulatory efforts. With the Court’s decision today, more than a dozen pending CFPB cases that had been paused pending the decision will now move forward.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/supreme-court-upholds-cfpb-funding-mechanism-as-constitutional-quelling-uncertainty-and-reinvigorating-the-cfpbs-docket

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

Natascia Taken
ntaken@kelleydrye.com
(312) 857-7097
https://www.kelleydrye.com/people/natascia-m-taken

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Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective on applicable standards governing the direct selling and multi-level marketing (MLM) industry. The new Guidance updates guidance from January 2018 (that we covered here) and lays out several principles and issues that Staff intend to consider in evaluating whether MLMs constitute illegal pyramid schemes and/or are otherwise engaged in unfair or deceptive acts or practices, including through misleading earnings and lifestyle claims and potential agency liability.

www.kelleydrye.com/viewpoints/blog…nt-less-clarity

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

John Villafranco
jvillafranco@kelleydrye.com
(202) 342-8423
www.kelleydrye.com/people/john-e-villafranco

Robert Ward
rward@kelleydrye.com
(973) 503 5978
www.kelleydrye.com/people/robert-n-ward

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

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