Articles

Linda Goldstein Analyzes Repercussions of California Class-Action Settlement over Auto-Renewal Program

Articles / August 15, 2017

Partner Linda Goldstein authored an article published Aug. 15, 2017, in Response Magazine. The article, “Lessons Learned from the Proactiv Class-Action Settlement,” analyzes a recent California case in which a skin-care company agreed to pay up to $15.2 million in a combination of cash and products over allegations that the company had failed to adequately disclose the terms of its auto-renewal subscription plan.

Goldstein notes that the settlement is noteworthy because it shows that automatic renewal programs remain an attractive class-action target, and because it is a reminder that marketers must keep in mind the various state laws that may differ from the federal Restore Online Shoppers Confidence Act (ROSCA). In addition, Goldstein writes, the class-action settlement sets forth specific requirements for the renewal program disclosure and affirmative consent language.

Goldstein concludes, “While automatic renewal programs continue to increase in use and popularity, it is unlikely that we will see any reduction in scrutiny any time soon.”

Read the article.

Blog

In The Blogs

Previous Next
Data Privacy Monitor
HHS Releases Interim Guidance on Authorizations for Research
By Kathryn Carey
July 18, 2018
The Department of Health and Human Services (HHS) recently released interim guidance on sufficiency of authorizations for future uses or disclosures of protected health information (PHI) for research purposes. The Health Insurance...
Read More ->
Data Privacy Monitor
The Weekly Privacy Rewind
July 16, 2018
Class Actions Macy’s Faces Suit After Disclosing Data Breach • Retail giant Macy’s notified its customers and state regulators of a data breach affecting the accounts of online shoppers. The breach occurred between April 26 and June 12...
Read More ->
Data Privacy Monitor
California Passes Groundbreaking Data Privacy Law Granting Consumers Expansive Privacy Rights
July 3, 2018
California has passed an unprecedented privacy law that protects consumers’ rights by providing them with a greater degree of transparency and choice with respect to their personal information online. On June 28, 2018, Assembly Bill 375...
Read More ->
Data Privacy Monitor
California Passes Law Protecting Consumers' Online Privacy
By Alan L. Friel, Niloufar Massachi
June 29, 2018
On June 28, 2018, California lawmakers passed Assembly Bill 375 and Gov. Jerry Brown signed it into law as the California Consumer Privacy Act of 2018, a privacy law that grants consumers a range of rights with respect to their personal...
Read More ->
Data Privacy Monitor
Privacy Advocates See Victory as Supreme Court Extends Fourth Amendment Protections to Historical Cellphone Location Information
By Brian P. Bartish, Jonathan B. New
June 26, 2018
On June 22, the Supreme Court issued its highly anticipated decision addressing privacy in the digital age, holding that the government generally must obtain a search warrant supported by probable cause to search a target’s historical cell...
Read More ->