Businesses that market and sell to consumers are heavily focused on navigating federal and state legal issues related to advertising, privacy, promotions, products liability, government investigations, unfair competition, class actions and general consumer protection. The California Consumer Privacy Act (CCPA)
Consumer Protection Review
The latest legal updates in marketing, consumer products & consumer protection
Consumer Protection Review, published by Perkins Coie LLP, focuses on legal developments and regulatory trends affecting consumer protection law. The blog covers topics such as advertising and marketing compliance, deceptive and unfair trade practices, privacy and data security issues, product safety and liability, consumer fraud enforcement, and regulatory actions by agencies like the FTC and FDA. It also addresses emerging issues including AI in advertising, junk fees legislation, and protections for vulnerable populations such as children in digital marketing. The blog provides updates on state and federal laws, enforcement guidance, and compliance strategies relevant to businesses and legal practitioners in the consumer protection space.
Latest from Consumer Protection Review - Page 14
Talc, Asbestos, and FDA Regulation of Cosmetics
By Tommy Tobin
Takeaways:
- Recent detection of cosmetic products containing asbestos has led to voluntary recalls of five products so far this year.
- At present, the FDA does not have mandatory recall authority over cosmetic products.
- The FDA and Congress are contemplating proposals
…
FTC Enforcement of the CRFA is Underway
By Jared Bryant & Amanda Beane
On the heels of three FTC consent decrees involving the Consumer Review Fairness Act (CRFA), the FTC has brought two more CRFA-related complaints against home-rental businesses.
Broadly speaking, the CRFA, which became effective in 2017, makes it unlawful for a…
Supreme Court Holds Third-Party Defendant Can’t Remove Class Actions Under CAFA
By Perkins Coie
Takeaway: The U.S. Supreme Court ever so slightly trimmed removal rules under the Class Action Fairness Act (CAFA) last week in Home Depot U.S.A., Inc. v. Jackson, No. 17-1471. In an opinion by Justice Thomas, the Court held that neither…
I Am Robot: California’s New Law Requires Disclosure of Use of Bots
California’s new Autobot Law, Cal. Bus. & Prof. Code § 17940, et seq. (SB 1001), which goes into effect July 1, 2019, may affect businesses that use chatbots to interact with customers online. As the nation’s first autobot regulation, SB…
Nevada Expands Online Privacy Law to Grant Consumers Additional Rights While Excluding Certain Institutions From Compliance
Nevada is the latest state to strengthen privacy laws to address the perceived need for more oversight of how companies handle personal data. On May 29, 2019, Nevada’s governor signed into law Senate Bill 220, which amends the state’s…
Supreme Court Holds That Class Arbitration Cannot Be Inferred from Ambiguous Agreement
By Amanda Beane & Cara Wallace
The United States Supreme Court recently held that classwide arbitration cannot be inferred from an ambiguous agreement. The Supreme Court’s decision reverses a Ninth Circuit decision that relied on state contract principles to compel classwide arbitration of a putative class…
New Consumer Protection Due Diligence That Your Company May Need to Perform
By Perkins Coie & Perkins Coie
The Ninth Circuit recently held a company vicariously liable for the actions of a downstream vendor of text message and telephone marketing activities. Companies should consider due diligence and vendor oversight protocols as counter-measures to limit the risk of liability for…
FTC to Hold Workshop on Consumer Protection Issues Related to Video Game Loot Boxes
On August 7, 2019, the Federal Trade Commission (FTC) will host a public workshop to examine consumer protection issues related to the sale of “loot boxes” in video games.
For those unfamiliar with the phrase, “loot boxes” are often in-game…
Incentivized Review and Free Trial Practices Draw the Ire of the FTC
By Jared Bryant & Amanda Beane
In 2016, UrthBox, Inc., a subscription-based service sending monthly snack boxes to customers, had only nine reviews on the Better Business Bureau’s website and all of them were negative. By 2017 UrthBox had 695 BBB reviews, 612 of which were…