Restore Online Shoppers’ Confidence Act (ROSCA): New requirements, disclosures, enforcement actions and lawsuits

Michele Floyd
Michele Floyd
Kilpatrick Townsend & Stockton LLP

Michele Floyd has a broad complex litigation practice with a focus on class action defense and on matters involving antitrust, unfair competition, false advertising, and privacy.

Diego Wu Min
Diego Wu Min
Kilpatrick Townsend & Stockton LLP

Diego Wu Min focuses his litigation practice on the defense of consumer class actions involving the California Consumer Legal Remedies Act (“CLRA”), and unfair competition and false advertising claims.

On-Demand: December 13, 2024

2 hour CLE

This program is only available to All-Access Pass Members.
Subscribe to myLawCLEs All-Access Pass...
Get this course, plus over 1,000+ live webinars.
Learn More

Program Summary

ROSCA regulates negative option offers sold online. This includes continuity programs, automatic renewals, and similar subscription offers. The Federal Trade Commission (FTC) and state regulators have aggressively enforced the Restore Online Shoppers’ Confidence Act (ROSCA) and begun to read new requirements into these statutes that stretch the laws’ plain language. The FTC has also pressed forward in attempting to update the Negative Option Rule to require cumbersome disclosures, affirmatively unambiguous consent to the autorenewal terms, and a click-to-cancel mechanism preventing save attempts. This CLE will provide a primer of ROSCA, address new requirements imposed by the FTC and state regulators, and discuss recent enforcement actions and lawsuits.

Key topics to be discussed:

  • Requirements under the Restore Online Shoppers’ Confidence Act
  • FTC and State Government Enforcement Actions
  • Class Action Lawsuits and Trends
  • Dark Patterns and Junk Fees

Closed-captioning available

Speakers

Michele Floyd | Kilpatrick Townsend & Stockton LLP

Michele Floyd has a broad complex litigation practice with a focus on class action defense and on matters involving antitrust, unfair competition, false advertising, and privacy. Michele has extensive experience defending actions brought under California’s Unfair Competition Law (UCL), False Advertising Law (FAL), and similar statutes of other states and has handled complex commercial actions in federal and state courts across the country. Michele has represented clients in NAD proceedings, as well as in investigations brought by the Federal Trade Commission, the Department of Justice, the Federal Communications Commission, the U.S. and California Departments of Transportation, and a number of states’ Attorneys General. She has significant experience representing clients in arbitration proceedings and is a member of the AAA National Roster of Arbitrators.

Michele has specific expertise in online contracting and advertising practices and counsels clients on both antitrust compliance and minimizing legal risks associated with advertising campaigns and marketing representations.

Prior to joining the firm, Michele was a partner in the San Francisco, California office of a women-owned boutique litigation law firm where she concentrated her practice on complex commercial/class action litigation. Prior to that, she served as the Senior Legal Director, Commercial Litigation, at a global media and tech company where she was responsible for managing and defending its commercial litigation.

Michele was recognized by The Best Lawyers in America® for Mass Tort Litigation/Class Actions – Defendants (2021-2025). She was also recognized as a Northern California “Super Lawyer” (2018-2023) and as a “Rising Star” (2010-2015) in the area of Antitrust Litigation by Super Lawyers magazine.

 

Diego Wu Min | Kilpatrick Townsend & Stockton LLP

Diego Wu Min focuses his litigation practice on the defense of consumer class actions involving the California Consumer Legal Remedies Act (“CLRA”), and unfair competition and false advertising claims. Diego also represents clients in actions involving cybersecurity and cryptocurrency issues. Diego’s practice also involves counseling companies regarding their compliance with California’s “auto renewal law” for subscription and continuous service offers. Diego has experience litigating in Federal and California courts, as well as in commercial and consumer arbitration. Diego’s clients range from privately-held businesses to some of the world’s largest publicly-traded companies.

Diego participates in a wide range of pro bono matters ranging from compassionate release cases sponsored by the National Association of Criminal Defense Lawyers (NACDL) to updating practice manuals for the National Center for Missing & Exploited Children (NCMEC).

Prior to joining the firm, Diego was an associate in the Oakland, California office of an AmLaw 100 firm, where he primarily handled environmental or toxic tort cases involving chemical and substance exposure. While attending Indiana University Robert H. McKinney School of Law, Diego served as a judicial extern for the Honorable Jane Magnus-Stinson in the U.S. District Court for the Southern District of Indiana. He also participated in the patent externship program of a national pharmaceutical company headquartered in Indianapolis, Indiana. Diego was a research assistant for Professor Xuan-Thao Nguyen and the Executive Managing Editor for the Indiana Health Law Review, Volume XIV.

Diego was recognized in 2025 as one of the “Best Lawyers: Ones to Watch” for Commercial Litigation by The Best Lawyers in America®.

Diego is fluent in Spanish and has basic knowledge of Mandarin Chinese. Outside of his legal work, Diego can be found attempting to improve his golf game, rooting for the Nittany Lions, and cooking all types of cuisine.

Agenda

I. Requirements under the Restore Online Shoppers’ Confidence Act | 1:00pm – 1:30pm

II. FTC and State Government Enforcement Actions | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Class Action Lawsuits and Trends | 2:10pm – 2:40pm

IV. Dark Patterns and Junk Fees | 2:40pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General hours

Maryland

No MCLE Required
2 General hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General hours

Minnesota

Approved for CLE Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

The live format for this class will not be available for credits in the state of Ohio
Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Approved for Self-Study Credits
2 General hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Preview
More CLE Webinars
Upcoming CLE Webinars
Deposing the Financial Expert (2025 Edition)
Deposing the Financial Expert (2025 Edition) Fri, March 14, 2025
Live Webcast
Microsoft Copilot 365 AI tool for Lawyers (Part 1)
Microsoft Copilot 365 AI tool for Lawyers (Part 1) Fri, March 14, 2025
Live Webcast
Dispositive Motions in Federal Court and Florida State Court
Dispositive Motions in Federal Court and Florida State Court Wed, March 19, 2025
On-Demand
Live Replay
Insurance and Bad Faith Litigation in Fire Loss Cases
Insurance and Bad Faith Litigation in Fire Loss Cases Thu, March 20, 2025
On-Demand
Live Replay
Divorce Law 101 (2025 Edition)
Divorce Law 101 (2025 Edition) Fri, March 21, 2025
Live Webcast
Gun Trust 101 (2025 Edition)
Gun Trust 101 (2025 Edition) Fri, March 21, 2025
On-Demand
Live Replay
Ethical Strategies with Law Firm Podcasts
Ethical Strategies with Law Firm Podcasts Mon, March 24, 2025
Live Webcast
AI-Generated Trade Secret Litigation
AI-Generated Trade Secret Litigation Wed, March 26, 2025
Live Webcast