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ARTICLE · 04 MARCH 2019

The Truth Will Set You FREE

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Regulation, enforcement actions, credit card rules: free trials and auto-renew programs have it all.

United StatesLitigation, Mediation & Arbitration

Do I write about free trials and negative option programs a lot? You betcha, baby. That's because these programs — when done improperly — hurt consumers and get exactly the kind of attention no marketer wants: from a regulator. 

In the latest version of this sad song, the FTC has announced yet another case in a series of recent actions targeting allegedly deceptive free trial programs. Here, the defendants prominently touted "Risk Free" trial offers of skincare products. According to the complaint,  the defendants failed to disclose that consumers would be automatically charged full-price for the products, as well as for monthly auto-shipments, unless they cancelled their order within a specified period. Only by clicking on the small "Terms and Conditions" hyperlink in the ads and then scrolling through a pop-up window could consumers find this information/disclosure.

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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