Program Details
2026-11-16 12:00:00
Over 1,000+ webinars
Course Overview
2026-11-16 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTThis session examines the current status of Click-to-Cancel following the Eighth Circuit’s vacatur and the FTC’s 2026 revival, distinguishing the requirements that are enforceable today from those that may be forthcoming. It explores the practical application of ROSCA, including clear-and-conspicuous disclosures, express informed consent, and the “simple mechanism” standard for cancellation, as reflected in recent FTC enforcement actions. The discussion also addresses the state-law overlay, focusing on California, New York, and the expanding patchwork of automatic-renewal laws, including reminder notices, renewal-term disclosures, and multistate enforcement by state attorneys general. It further examines how businesses can structure free trials, upsells, and retention offers to withstand regulatory scrutiny, drawing on 2025–2026 settlements to explain consent-order requirements, consumer redress obligations, and potential civil-penalty exposure for noncompliance.
Linda A. Goldstein 1:10 pm - 2:10 pm ESTThis session examines the practices regulators increasingly identify as dark patterns, including confirm shaming, pre-checked boxes, drip pricing, and obstructive design, along with the FTC’s evolving approach to classifying deceptive user experiences. It explores how checkout and cancellation flows can become evidence in enforcement actions and litigation, focusing on the use of screenshots, click-path analytics, and A/B testing records to demonstrate potentially misleading design choices. The discussion also addresses AI-driven personalization and dynamic offers, examining when optimization may cross into deception and what disclosures regulators may expect. It further considers how plaintiffs’ counsel are adapting FTC and state attorney general enforcement theories for class-action litigation, including emerging defense strategies. Finally, the session presents a practical compliance audit framework for reviewing enrollment, billing, and cancellation user experiences, documenting design decisions, and preserving evidence of compliance before regulatory scrutiny arises.
Andrew LustigmanLinda A. Goldstein is a Partner in the New York office of CM Law and a nationally recognized leader in advertising, marketing, digital media, and gaming law. For more than three decades she has counseled Fortune 100 and Fortune 500 companies across telecommunications, entertainment, cryptocurrency, consumer goods, retail, beauty, pharmaceuticals, financial services, and gaming on the full life cycle of a marketing program — from claim substantiation and digital, mobile, and influencer marketing to consumer reviews, ad-tech, privacy, and the use of artificial intelligence in advertising. A defining strand of her practice is subscription and membership marketing: she advises on enrollment flows, disclosures, consent, and cancellation under the Restore Online Shoppers’ Confidence Act (ROSCA), state automatic-renewal laws, and the FTC’s negative option rulemaking, and she has defended some of the most prominent subscription programs in the country in FTC and multistate State Attorney General investigations. She represented an e-commerce and online sweepstakes company in the FTC’s first enforcement action focused on “dark patterns,” giving her first-hand experience with the very theory of liability that now anchors the Commission’s subscription enforcement agenda.
Andrew B. Lustigman is Co-Managing Partner of Olshan Frome Wolosky LLP in New York, Chair of the firm’s Advertising, Marketing & Promotions Practice, Co-Chair of its Brand Management & Protection Practice, and a member of the firm’s Executive Committee. For three decades he has advised domestic and international marketers, advertisers, agencies, and suppliers on advertising, marketing, and promotions law, and has represented them in regulatory investigations, enforcement actions, and litigation before the Federal Trade Commission, the Food and Drug Administration, the Department of Justice, the Federal Communications Commission, the U.S. Postal Service, state Attorneys General, and district attorneys. Subscription and automatic-renewal marketing is a core focus of his practice: he counsels subscription businesses across every media channel on enrollment, disclosure, consent, billing, renewal, and cancellation practices, has resolved an investigation by California’s Automatic Renewal Task Force, and is among the most prolific legal commentators in the country on the FTC’s Click-to-Cancel Rule, its vacatur, and the Commission’s renewed subscription enforcement under ROSCA — including the FTC’s record $2.5 billion settlement with Amazon over Prime enrollment and cancellation practices.
Linda A. Goldstein is a Partner in the New York office of CM Law and a nationally recognized leader in advertising, marketing, digital media, and gaming law. For more than three decades she has counseled Fortune 100 and Fortune 500 companies across telecommunications, entertainment, cryptocurrency, consumer goods, retail, beauty, pharmaceuticals, financial services, and gaming on the full life cycle of a marketing program — from claim substantiation and digital, mobile, and influencer marketing to consumer reviews, ad-tech, privacy, and the use of artificial intelligence in advertising. A defining strand of her practice is subscription and membership marketing: she advises on enrollment flows, disclosures, consent, and cancellation under the Restore Online Shoppers’ Confidence Act (ROSCA), state automatic-renewal laws, and the FTC’s negative option rulemaking, and she has defended some of the most prominent subscription programs in the country in FTC and multistate State Attorney General investigations. She represented an e-commerce and online sweepstakes company in the FTC’s first enforcement action focused on “dark patterns,” giving her first-hand experience with the very theory of liability that now anchors the Commission’s subscription enforcement agenda.
Andrew B. Lustigman is Co-Managing Partner of Olshan Frome Wolosky LLP in New York, Chair of the firm’s Advertising, Marketing & Promotions Practice, Co-Chair of its Brand Management & Protection Practice, and a member of the firm’s Executive Committee. For three decades he has advised domestic and international marketers, advertisers, agencies, and suppliers on advertising, marketing, and promotions law, and has represented them in regulatory investigations, enforcement actions, and litigation before the Federal Trade Commission, the Food and Drug Administration, the Department of Justice, the Federal Communications Commission, the U.S. Postal Service, state Attorneys General, and district attorneys. Subscription and automatic-renewal marketing is a core focus of his practice: he counsels subscription businesses across every media channel on enrollment, disclosure, consent, billing, renewal, and cancellation practices, has resolved an investigation by California’s Automatic Renewal Task Force, and is among the most prolific legal commentators in the country on the FTC’s Click-to-Cancel Rule, its vacatur, and the Commission’s renewed subscription enforcement under ROSCA — including the FTC’s record $2.5 billion settlement with Amazon over Prime enrollment and cancellation practices.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
