Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

The FTC and “Cancel Culture”

By Joanna Rosen Forster on September 5, 2024
Email this postTweet this postLike this postShare this post on LinkedIn

On August 26, 2024, the FTC announced a stipulated order and settlement with Care.com for 8.5 MM.  The complaint, filed in W.D. Tex. alleges various violations of Section 5 of the FTC Act and the Restore Online Shoppers Confidence Act with respect to the manner in which Care.com advertised and promoted the number of jobs available on its platform, and its auto-renew or subscription feature.  The FTC labeled Care.com’s subscription cancellation flow a “dark pattern”; it is hard to locate, and, once found, consumers must “navigate a multipage process rife with deceptive design tactics”.  The conclusion, per the FTC is that Care.com just doesn’t want users to be able to cancel.  In the stipulated order, the parties agreed that: 

  1. Care.com “must provide a simple mechanism” to cancel the subscription and “must immediately stop any subsequent or recurring charge”;
  2. This simple mechanism must be easy to find and use.  The benchmark: to cancel must be as easy to find and do as signing up in the first instance; and
  3. The cancellation feature must be provided in the same mechanism or medium as sign up – in other words, if the user signed up for the subscription via the website, you can’t require them to call an 800 number to cancel.

The FTC did not require Care.com to engage in a 1 or 2 click cancellation process, and was not prescriptive about how many steps or clicks are required to cancel.  But that’s likely where they are headed soon. Indeed, they have indicated that they will engage in rule making soon on easy cancellation.   See Turning up the Heat on Junk Fees and Drip Pricing: Federal and State Regulations Require Increased Transparency into Pricing and Contract Cancellation | Crowell & Moring LLP

Photo of Joanna Rosen Forster Joanna Rosen Forster

Joanna Forster’s multifaceted background positions her to effectively manage conflicts across the legal spectrum and across the globe. In her prior roles as general counsel (representing both plaintiffs and defendants) and as government prosecutor/enforcer, Joanna handled nearly every type of matter, ranging from

…

Joanna Forster’s multifaceted background positions her to effectively manage conflicts across the legal spectrum and across the globe. In her prior roles as general counsel (representing both plaintiffs and defendants) and as government prosecutor/enforcer, Joanna handled nearly every type of matter, ranging from complex commercial and white collar matters in areas such as employment, intellectual property, securities and antitrust law, to internal investigations and corporate and M&A transactions. She views her role as both a conflict manager, dispensing advice to avoid adversarial action, and as a tech and business litigator, resolving disputes with her client’s business goals in mind.

Having served as the general counsel and compliance officer of a publicly traded ecommerce platform operating in over 60 countries, Joanna has an appreciation of strategic dispute resolution, investigations, and compliance from a general counsel’s perspective. By understanding how business leaders combine the input of in-house and outside counsel to make decisions, Joanna is able to provide her clients with decisive and efficient legal guidance.

Her practice includes litigating domestic and cross-border complex commercial disputes and advising technology and ecommerce companies on matters related to internet platforms, product launches, market campaigns, and new vertical lines of business, all while advising on foreign and domestic laws that regulate online content, physical products, and the companies that bring them to market. Drawing on her experience as the General Counsel of an online e-commerce marketplace, Joanna also regularly advises and counsels clients on California’s Proposition 65, from prevention and compliance to remediation. Joanna is well-versed in key regulations that impact ecommerce companies, including the EU’s Digital Services Act, the U.S. INFORM Act, and the proposed SHOP SAFE Act, as well as laws and regulations that govern online speech such as the Communications Decency Act, Section 230.

Prior to going in-house, Joanna was the deputy attorney general, Corporate Fraud Section of the California Department of Justice. In this capacity, she led large, complex civil matters alleging violations of California’s False Claims Act, Securities Law, Section 17200, Cartwright Act, and other deceptive business practices. She also maintained her own investigations and litigation docket.

Before joining the California Department of Justice, Joanna spent nearly a decade in private practice, where she focused on civil and criminal antitrust and commercial litigation. She also served as a law clerk for the Honorable Consuelo B. Marshall in the U.S. District Court for the Central District Court of California.

Read more about Joanna Rosen ForsterEmailJoanna's Linkedin Profile
Show more Show less
  • Posted in:
    Corporate & Commercial
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Tennessee Insurance Litigation Blog
  • Claims & Sustains
  • New Jersey Restraining Order Lawyers
  • New Jersey Gun Lawyers
  • Blog of Reason
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo