The term “negative option” generally references subscriptions, automatic renewals, continuity plans, or other programs where consumers continue to be charged unless they cancel.
However, a recent New York federal court held that unless a consumer unchecks a box, a one-time
A Utah federal judge recently dismissed Xlear, Inc.’s lawsuit challenging the Federal Trade Commission’s (FTC) long-standing requirement that advertisers substantiate health-related claims, finding that Xlear’s challenge was not ripe for judicial review. Because Xlear could not identify a final agency
Junk fee litigation has, until recently, been largely a consumer-facing story: diners, online shoppers, and eventgoers challenging the “service,” “processing,” and “convenience” fees that appear at checkout. A new proposed class action filed in North Carolina turns that narrative around.
Nearly every automatic renewal article gives companies the same advice: make your disclosures clear and conspicuous, obtain affirmative consent, send acknowledgment notices, and offer a simple cancellation mechanism.
This advice is correct, but it’s also incomplete.
Venable’s Autorenewal Solutions Team
Within the last few months, two federal courts in Texas and California have blocked separate state product-labeling laws. In February, a court halted a Texas requirement that certain foods must carry a government-scripted health warning. And earlier this month, a
The legal battles over loot boxes continue, with gaming companies vigorously defending the use of randomized in-game rewards against allegations that they constitute unlawful gambling.
In a closely watched case pending in the U.S. District Court for the Western District
Last week, the Seventh Circuit severely narrowed the Telephone Consumer Protection Act’s (TCPA) application to text messages, following several district court decisions. The court held that private litigants cannot sue under the Do Not Call prohibitions when a sender fails
On June 29, 2026, the Supreme Court held in a 6-3 decision in Trump v. Slaughter that the Federal Trade Commission (FTC) Act’s for-cause removal provision is unconstitutional. The Court overruled Humphrey’s Executor v. United States and held that statutory restrictions on the President’s
States continue to devote significant attention to consumer protection and pricing transparency issues. During the 2025-2026 legislative cycle, legislatures across the country introduced, debated, enacted, and, in some cases, rejected legislation relating to surcharging, “junk fees,” interchange fees, and related
As of June 9, 2026, New York requires certain advertisements that use artificial intelligence-generated human performers to include a disclosure informing consumers that the advertisement contains a synthetic performer.
What Counts as a Synthetic Performer?
Governor Hochul’s office described the
