Essential Retail and E-commerce Updates for In-House Counsel: Navigating Recent FTC Guidance on Dark Patterns, Subscriptions, and More

The past several years have seen historically brick-and-mortar retailers transitioning to digital and social media, while significantly restructuring their offerings to promote installment and subscription-based solutions, redirecting spending towards omnichannel consumer engagement and leveraging new technologies such as generative AI.  In addition, retailers are positioning their e-commerce and subscription platforms to capitalize on virtual experiences such as group savings and promotions, interactive influencer marketing campaigns and shoppable entertainment (what has become known as “social commerce”).

Join us at 12pm ET / 9am PT on Thursday, March, 21 as  Paavana Kumar and Jordan Thompson   deep dive into these evolving retail and e-commerce practices—and their potential for consumer deception—that state and federal regulators are keenly focused on. “Dark patterns” in e-commerce include subscription traps, junk fees, drip pricing, fake countdown clocks, deceptive collection of personal data and more. The FTC is currently in a flurry of rulemaking on these topics – which means they can assess more and more significant civil penalties for violations.  The regulators are gearing up for a spate of enforcement actions, and the class action bar is closely keeping track.

This session will cover essential updates, including:

• A deep dive into regulatory priorities and the steps retailers should be taking today to ensure they don’t run afoul of existing and upcoming legislation
• Guardrails around other key retail practices such as promotions and discounts, loyalty programs and gift card initiatives
• Influencer marketing and the use of reviews and rankings in light of the FTC’s updated Endorsement Guides and proposed rule on Consumer Reviews

Who Should Attend

This program is designed for both experienced and new in-house counsel who handle or manage retail, advertising or other FTC-related issues for their organization.

There is NO COST to attend this LIVE program!

This LIVE program is FREE thanks to our gracious sponsor, Davis+Gilbert! If you can’t make it to the live program, the recording will be available for viewing via our paid CLE library, In-House Connect On-Demand!