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The term “dark patterns” was coined in 2010 by user-design researcher Harry Brignull to describe a user interface carefully designed to trick or manipulate consumer psychology. Confusing purchase language, hidden fees or terms and conditions, pre-checked purchase or consent boxes, and inaccessible cancellation and opt-out methods are just a few of the dark patterns you have likely come across. Retailers have long used coercive tactics, like psychological pricing, to influence consumer decisions. However, dark patterns are so pervasive now because businesses gather substantial online user-interaction information, which helps designers craft interfaces that play on consumer cognitive biases or emphasize emotional response over rational judgment. While the use of dark patterns may secure additional revenue for businesses, it can also subvert consumer privacy choices and run afoul of state and federal consumer protection laws. Learn more about dark patterns

The term “dark patterns” was coined in 2010 by user-design researcher Harry Brignull to describe a user interface carefully designed to trick or manipulate consumer psychology. Confusing purchase language, hidden fees or terms and conditions, pre-checked purchase or consent boxes, and inaccessible cancellation and opt-out methods are just a few of the dark patterns you have likely come across. Retailers have long used coercive tactics, like psychological pricing, to influence consumer decisions. However, dark patterns are so pervasive now because businesses gather substantial online user-interaction information, which helps designers craft interfaces that play on consumer cognitive biases or emphasize emotional response over rational judgment. While the use of dark patterns may secure additional revenue for businesses, it can also subvert consumer privacy choices and run afoul of state and federal consumer protection laws. Learn more about dark patterns

Simply put, ARLs are laws that govern the ways in which businesses can sell products and/or services that involve a subscription. Provisions involve the form and content of the offers and regulate the disclosures businesses have to make around things like automatic renewals, how to obtain customer consent, what kinds of reminders customers receive and how often, and how subscriptions can be canceled. Some of these laws are very specific, relating only to certain kinds of products or businesses, like your gym, while others are very broad and extend to any business offering an automatically renewing contract. The goal of all these laws is to protect the consumer from unfair and/or deceptive practices. Learn more about auto-renewal laws

Simply put, ARLs are laws that govern the ways in which businesses can sell products and/or services that involve a subscription. Provisions involve the form and content of the offers and regulate the disclosures businesses have to make around things like automatic renewals, how to obtain customer consent, what kinds of reminders customers receive and how often, and how subscriptions can be canceled. Some of these laws are very specific, relating only to certain kinds of products or businesses, like your gym, while others are very broad and extend to any business offering an automatically renewing contract. The goal of all these laws is to protect the consumer from unfair and/or deceptive practices. Learn more about auto-renewal laws

Because cannabis remains a Schedule I drug under the Controlled Substances Act, advertisements for cannabis products using means of interstate commerce are generally prohibited. This means advertising via cross-state radio and television programs using federal airwaves is technically illegal, as is conducting interstate telemarketing initiatives. Currently, advertising directed toward the general public and transmitted through the internet represents a legal gray area but is also generally prohibited depending on the service provider. Marketers should review their website domain and service provider terms & conditions, end user licensing agreement, and similar policies to determine if cannabis advertisements are permitted. Learn more about marketing and advertising cannabis products

Because cannabis remains a Schedule I drug under the Controlled Substances Act, advertisements for cannabis products using means of interstate commerce are generally prohibited. This means advertising via cross-state radio and television programs using federal airwaves is technically illegal, as is conducting interstate telemarketing initiatives. Currently, advertising directed toward the general public and transmitted through the internet represents a legal gray area but is also generally prohibited depending on the service provider. Marketers should review their website domain and service provider terms & conditions, end user licensing agreement, and similar policies to determine if cannabis advertisements are permitted. Learn more about marketing and advertising cannabis products

While the regulatory and legal sands of the Telephone Consumer Protection Act (TCPA) are constantly shifting, one constant remains: the statutory penalties and class-nature of TCPA claims means that there will be a constant flow of class counsel and individual demandants scouring your calling practices in hopes of finding a lucrative claim. Against this landscape, it is not enough to simply ensure that your business is compliant with the TCPA and applicable state laws. These 10 cautions, best practices, and practical tips can further reduce the risk that a TCPA lawsuit or unwanted demand shows up at your doorstep. Learn 10 ways to protect against TCPA litigation

While the regulatory and legal sands of the Telephone Consumer Protection Act (TCPA) are constantly shifting, one constant remains: the statutory penalties and class-nature of TCPA claims means that there will be a constant flow of class counsel and individual demandants scouring your calling practices in hopes of finding a lucrative claim. Against this landscape, it is not enough to simply ensure that your business is compliant with the TCPA and applicable state laws. These 10 cautions, best practices, and practical tips can further reduce the risk that a TCPA lawsuit or unwanted demand shows up at your doorstep. Learn 10 ways to protect against TCPA litigation

Businesses are increasingly using biometrics to identify and provide services to their customers and employees. For example, using fingerprint-based time systems ensures the accuracy of employee work hours while preventing practices such as buddy punching. In addition, businesses can use fingerprint, voice id, or facial recognition technologies to secure access for their employees and customers. While adopting these technologies can offer businesses significant efficiencies and improved accuracy, they may also unknowingly create significant risk for multimillion-dollar liability. A number of states have enacted biometric privacy laws – including protections for biometric information in the California Consumer Protection Act (CCPA) and other recently enacted state privacy laws. The largest source of risk at this time, however, is the Illinois Biometric Information Privacy Act (BIPA). With its private right of action and hefty statutory damages (up to $5,000 per violation), businesses are increasingly facing multimillion-dollar settlements for failing to comply with BIPA’s compliance requirements. Learn more about biometric data privacy laws

Businesses are increasingly using biometrics to identify and provide services to their customers and employees. For example, using fingerprint-based time systems ensures the accuracy of employee work hours while preventing practices such as buddy punching. In addition, businesses can use fingerprint, voice id, or facial recognition technologies to secure access for their employees and customers. While adopting these technologies can offer businesses significant efficiencies and improved accuracy, they may also unknowingly create significant risk for multimillion-dollar liability. A number of states have enacted biometric privacy laws – including protections for biometric information in the California Consumer Protection Act (CCPA) and other recently enacted state privacy laws. The largest source of risk at this time, however, is the Illinois Biometric Information Privacy Act (BIPA). With its private right of action and hefty statutory damages (up to $5,000 per violation), businesses are increasingly facing multimillion-dollar settlements for failing to comply with BIPA’s compliance requirements. Learn more about biometric data privacy laws

Telemarketing or advertising calls made using an ATDS or prerecorded voice (which includes a synthesized voice) to cell phones, or by prerecorded voice to residential lines, require prior express written consent (PEWC). Both the FCC and courts have made it clear that these terms are to be construed broadly and that a sale need not occur during the telephone call for it to be a telemarketing call or a call that introduces an advertisement. Likewise, dual-purpose calls (i.e., calls made for both non-solicitation and solicitation purposes) are considered telemarketing calls under the TCPA. If a call is motivated in part by the desire to achieve a future sale, the call is likely to be deemed a telemarketing call regardless of whether the sale takes place during the initial call, a future call, or a subsequent in-person meeting/transaction. Learn more about call requirements under the TCPA

Telemarketing or advertising calls made using an ATDS or prerecorded voice (which includes a synthesized voice) to cell phones, or by prerecorded voice to residential lines, require prior express written consent (PEWC). Both the FCC and courts have made it clear that these terms are to be construed broadly and that a sale need not occur during the telephone call for it to be a telemarketing call or a call that introduces an advertisement. Likewise, dual-purpose calls (i.e., calls made for both non-solicitation and solicitation purposes) are considered telemarketing calls under the TCPA. If a call is motivated in part by the desire to achieve a future sale, the call is likely to be deemed a telemarketing call regardless of whether the sale takes place during the initial call, a future call, or a subsequent in-person meeting/transaction. Learn more about call requirements under the TCPA