Last year, we posted that Snapchat’s public relations firm had filed a lawsuit against an influencer who allegedly failed to comply with the terms of his agreement. According to the agreement, Luka Sabbat was required to make four unique posts, get those posts approved beforehand, send analytics to the firm, and be photographed wearing the Spectacles in public at Paris and Milan Fashion Weeks. In exchange for all of this, PR Consulting agreed to pay…

Over the past few years, a number of retailers have been challenged over their promotional pricing practices. Those challenges have been brought, primarily, by plaintiffs’ attorneys in class action suits and, occasionally, by regulators. This month, though, NAD issued a decision in a challenge that was brought by a company’s competitor. According to the challenger, Nectar had advertised a “limited offer” of $125 off the price of a mattress continuously since October 2017. Pointing to…

Earlier this year, we posted about new laws governing automatic renewals in DC and Vermont. Starting on July 31, 2019, companies also need to worry about a similar statute in North Dakota. Under the new law, companies must generally (a) present the terms of the automatic renewal offer in a clear and conspicuous manner, (b) provide an acknowledgement that includes the terms of the offer and cancellation instructions, and (c) provide a simple and…

On July 1, 2019, a new law governing automatic renewals will go into effect in Vermont. Although the law includes two provisions that are more stringent than those found in other state laws, the Vermont law is more limited in scope. It only applies to agreements with an initial term of one year or longer that renew for a subsequent term that is longer than one month. The law includes two unique requirements: Bold Disclosures: …

The Electronic Retailing Self-Regulation Program (or “ERSP”) recently announced a decision involving Alo Yoga’s influencer campaign. The decision centers around how the company’s influencers disclosed – or, in some cases, failed to disclose – their connection to the company, and it includes helpful reminders about how to conduct an influencer campaign. At the outset, the ERSP reminded Alo that an “individual does not have to say something positive about a product for a social media…

In the world of influencer marketing, a person’s power is often measured in terms of followers, “likes,” and other types of engagement. Because more followers and more engagement generally means more reach, companies who work with influencers often base their compensation on these metrics. But thanks to shady agencies that sell fake followers and offer fake engagement, these numbers may not tell the whole story. The Influencer Marketing Council recently released a report that provides…

In February, we posted that the California Attorney General and state Senator Hannah-Beth Jackson had announced a bill that would have materially expanded legal exposure for businesses under the CCPA. The most concerning parts of the bill were the attempts to expand the private right of action to cover privacy practices, while simultaneously removing companies’ rights to cure violations before facing a suit. Private Right of Action:  The enacted CCPA includes a private right of…