October 29, 2021


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Consumer Litigation Under the California Consumer Privacy Act (CCPA)

Partners Laura Riposo VanDruffAaron Burstein, and Paul Rosenthal spoke at the Lexology webinar covering Consumer Litigation Under the California Consumer Privacy Act (CCPA). This webinar highlighted emerging trends across the docket of cases, provided an update on key cases involving consumers asserting CCPA-related claims, and provided practical tips. View the webinar here.

Made in USA Tracker - October 2021

The latest issue of our newsletter designed to help you to monitor Made In USA issues at the Federal Trade Commission and compiles an comprehensive list of Made In USA closing letters.

DirectConnect - October 2021

In this issue of Direct Connect, the big news is the FTC making good on its promise to use its Penalty Offense Authority to make sweeping civil penalty threats to industry. 

FTC to Increase Enforcement on Subscription Services

Earlier today, the FTC issued a policy statement warning marketers against using “dark patterns” to trick or trap consumers into subscription services. The statement is primarily intended to assist marketers by providing guidance on the FTC’s interpretation of existing law as it applies to various types of “negative option” programs, including automatic renewals, subscriptions, and free-to-pay trials.

It Ain’t Easy Being Yeezy: California Sues Kanye West’s Apparel Brand for Alleged Shipping Delays

As supply chain woes continue, late last week several District Attorneys on behalf of the State of California filed a lawsuit against Kanye West’s apparel brand, Yeezy, alleging that the Yeezy companies violated state law because they failed to ship items within thirty days and failed to provide adequate delay notices, or provide an offer of a refund. According to the Complaint, the issues could go back at least four years, preceding the current COVID-related delays. The state seeks civil penalties, restitution, injunctive relief, and attorneys’ fees.

Next Up – Earnings Claims: Notice of Penalty Offenses Sent to 1,100 Direct Selling Companies and Others in the Gig Economy

In its third recent Penalty Offense Authority notice, the FTC today notified more than 1,100 companies offering “money-making opportunities” that it intends to pursue civil penalties of up to $43,792 per violation for misrepresentations related to potential earnings and related characteristics about the opportunity.  Recipients of the notice include virtually every major direct selling company and others in the gig economy such as Amazon, DoorDash, Lyft, and Uber.

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