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Articles by Kirk Soderquist
New York Moves To Ban Surveillance Pricing With The One Fair Price Act
The New York Legislature has passed the One Fair Price Act, which would prohibit businesses from using algorithms and consumers' personal data to offer different prices to different customers for the same goods or services, a practice the act terms "surveillance pricing." The bill awaits delivery to Governor Kathy Hochul.
California moves to regulate end-of-life requirements for digital games with the Protect Our Games Act
The Protect Our Games Act would require digital game operators in California to give purchasers 60 days’ notice before shutting down a game—and to provide an offline version or a refund. The bill, which has passed the California State Assembly and is currently pending in the California Senate, applies only to digital games released after January 1, 2028. Subscription-based services, free-to-play games, and games that allow permanent offline download and play are excluded from the bill’s scope.
California moves to regulate end-of-life requirements for digital games with the Protect Our Games Act
Key takeaways The Protect Our Games Act would require digital game operators in California to give purchasers 60 days’ notice before shutting down a game—and to provide an offline version or a refund. The bill, which has passed the California State Assembly and is currently pending in the California Senate, applies only to digital games released after January 1, 2028.
California Companion Chatbot Law Now In Effect
PC Perkins Coie LLP More Perkins Coie is a premier international law firm with over a century of experience, dedicated to addressing the legal and business challenges of tomorrow. Renowned for its deep industry knowledge and client-centric approach, the firm has consistently partnered with trailblazing organizations, from aviation pioneers to artificial intelligence innovators.
California Companion Chatbot Law Now in Effect | JD Supra
Key Takeaways A first-of-its-kind statute went into effect in California at the start of the year, which imposes operational and reporting requirements related to companion chatbots. The law applies only to “companion chatbots” and excludes many customer service and business operations tools, video game chatbots, and voice-activated assistants.
New York Requires Disclosure Of Personalized Algorithmic Pricing
Janis Claire Kestenbaum’s articles from Perkins Coie LLP are most popular: with readers working within the Banking & Credit industries Perkins Coie LLP are most popular: within Transport topic(s) New York now requires businesses to disclose when they use personal data to generate individualized, algorithmically determined prices for consumers in New York.
New York Requires Disclosure of Personalized Algorithmic Pricing | JD Supra
Key Takeaways New York now requires businesses to disclose when they use personal data to generate individualized, algorithmically determined prices for consumers in New York. Several exceptions apply, including entities subject to insurance law, certain financial institutions, and certain subscription pricing practices. The New York attorney general has the power to enforce the requirement, with civil penalties of up to $1,000 per violation.
Maryland Imposes New Requirements On Businesses That Sell Digital Goods
Perkins Coie LLP are most popular: within Transport, Family and Matrimonial and Real Estate and Construction topic(s) Maryland recently joined California in enacting new requirements that mandate clear disclosures when consumers are purchasing a license to digital goods rather than acquiring ownership. Similar legislation is also being considered in other jurisdictions, with a bill introduced in New York that would impose comparable requirements on the marketing and sale of digital goods.
Maryland Imposes New Requirements on Businesses That Sell Digital Goods | JD Supra
Key Takeaways Maryland recently joined California in enacting new requirements that mandate clear disclosures when consumers are purchasing a license to digital goods rather than acquiring ownership. Similar legislation is also being considered in other jurisdictions, with a bill introduced in New York that would impose comparable requirements on the marketing and sale of digital goods.
New York And Colorado Update Auto-Renewing Subscription Requirements
PC Perkins Coie LLP More Perkins Coie is a premier international law firm with over a century of experience, dedicated to addressing the legal and business challenges of tomorrow. Renowned for its deep industry knowledge and client-centric approach, the firm has consistently partnered with trailblazing organizations, from aviation pioneers to artificial intelligence innovators.
New York and Colorado Update Auto-Renewing Subscription Requirements | JD Supra
Key Takeaways New York and Colorado have updated automatic-renewal laws going into effect later this year and early next year, introducing new compliance obligations for businesses offering subscription services. New York’s amended law includes new requirements for advance notice and affirmative consent to price increases, including the option for consumers to cancel and receive a prorated refund if they do not consent to the higher price.
Upcoming Requirements for Digital Goods and Subscription Offers in California | JD Supra
The new year will bring new laws in California. In addition to laws addressing generative AI training data, digital replicas, and deepfakes, there will also be new and amended laws imposing requirements on businesses that offer digital goods or subscriptions. In this Update, we highlight some key features of these new and amended state laws.
Do You Have to Disclose When Your Users Are Interacting With a Bot? | JD Supra
The customer service agent sympathetically responding to your chat messages about a delayed order, the player fiercely competing against you in an online match, the coach sending you motivational messages and workout advice: are these real people you’re interacting with over the internet or bots? Does it matter? With the recent advances in generative AI, bots capable of engaging in complex interactions via text and voice are becoming increasingly common.
CFPB Issues New Report Examining Financial and Privacy Risks to Consumers in Video Gaming Marketplaces: What Now?
On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and virtual worlds. The CFPB has previously signaled the expansion of its monitoring capabilities to new markets, and this Report continues that expansion to the gaming industry.
CFPB Issues New Report Examining Financial and Privacy Risks to Consumers in Video Gaming Marketplaces: What Now?
On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and virtual worlds. The CFPB has previously signaled the expansion of its monitoring capabilities to new markets, and this Report continues that expansion to the gaming industry.
North Carolina Sports Gambling Goes Live, Other States In Close Pursuit
North Carolina joined approximately 29 other states and became the most recent state with legal online sports betting on March 11, 2024. At that time, licensed operators such as FanDuel and DraftKings began accepting various sports wagers—including bets on portions of sporting events, proposition wagers, and in-play wagers—from individuals throughout North Carolina.
Kentucky's New Subscription Law
As the subscription economy continues to grow towards a predicted $1.5 trillion by 2025, the number of laws and regulations with which a business offering subscriptions must comply also continues to grow. The focus of these legislative and regulatory efforts continues to primarily be aimed at ensuring consumers have adequate notice of subscription terms before signing up and have easy means to cancel after doing so.
Great Cancellations: Kentucky’s New Subscription Law and FTC’s Expansion of the Negative Option Rule | JD Supra
As the subscription economy continues to grow towards a predicted $1.5 trillion by 2025, the number of laws and regulations with which a business offering subscriptions must comply also continues to grow. The focus of these legislative and regulatory efforts continues to primarily be aimed at ensuring consumers have adequate notice of subscription terms before signing up and have easy means to cancel after doing so.
Vendor Licensing Lessons Learned From Seton Hall’s Regulated Gaming Conference
We recently attended the fourth annual Seton Hall Law School Gaming Law, Compliance & Integrity Bootcamp. This in-person conference, which provides compliance and ethics education to professionals working in the regulated gaming space, included attendees and panelists drawn from the entire industry, including regulators, gaming operators and vendors.
New Jersey To Regulate Automatically Renewing Subscription Services | JD Supra
New laws regulating certain providers of automatically renewing subscription services were passed this year in Idaho, Tennessee, Virginia, and, most recently, New Jersey. These laws are the most recent additions to a growing body of federal, state, and international laws that govern providers of automatically renewing subscription services.
New Jersey Becomes the Latest State to Enact Legislation Targeting Automatically Renewing Subscription Services
New laws regulating certain providers of automatically renewing subscription services were passed this year in Idaho, Tennessee, Virginia and, most recently, New Jersey. These laws are the most recent additions in a growing body of federal, state and international laws that regulate providers of automatically renewing subscription services.
Time to Renew Your Interest in Automatic Subscription Renewal Laws
The subscription economy exploded during the pandemic and is expected to grow to $1.5 trillion by 2025. Subscriptions to streaming services passed 1 billion worldwide in the middle of 2020. More than two-thirds of Americans now use a subscription service for everyday household items from food and beverages to home goods and personal-care products. Subscription boxes have made a comeback in beauty, wellness, and apparel.
2022 Compliance Landscape for Recurring Subscription Programs | JD Supra
Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations. The Federal Trade Commission (FTC) recently issued an Enforcement Policy Statement Regarding Negative Option Marketing (Enforcement Policy) that addresses recurring subscription programs.
Challenge Mode: COVID-19’s Impact on the Video Game Industry | JD Supra
COVID-19 has wreaked havoc on the entertainment industry, creating massive disruptions across many industry sectors. In the first two parts of this three-part series, we looked at the pandemic’s impact on the film and television business and the music business, finding a few bright spots amidst much gloom.
ESRB Issues Labeling Requirement for Video Games Containing Loot Boxes | JD Supra
The Entertainment Software Ratings Board (ESRB) issued a new labeling requirement for games containing “loot boxes” in April 2020. As discussed in more detail below, these games must be labeled with “In-Game Purchases (Includes Random Items).” “Loot boxes” are common in the video game industry and refer to in-game virtual items that players can purchase with real money. These purchased items award the player virtual items and/or modifications based on chance.
‘Tis the Season for Gift Cards | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Extended Reality "as Ubiquitous as Smartphones" by 2025, According to Recent Survey
There has never been a more exciting time for business executives to embrace extended reality and propel their companies into the future. Extended reality (“XR”) is the umbrella term for immersive technologies such as augmented reality (“AR”), virtual reality (“VR”), mixed reality (“MR”), and other forms of alternate, expanded, or immersive reality applications, including those not yet invented.
Changing Landscape for Video Game Developers in Third-Party IP Suits? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
AR/VR Industry is Growing and Facing New Challenges, Perkins Coie Survey Finds | JD Supra
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Auto-Renewal Update - California Lawyer
California businesses face revised rules for their automatic renewal practices, especially if they include a “free trial” feature. No longer reserved for newspapers and magazines, subscription services are now offered by businesses for everything from meditation apps to beauty products to gourmet meals. But before inviting consumers to start a free trial, subscription-based companies should review recent updates to California’s Automatic Renewal Law (ARL)(see Cal. Bus. & Prof.
California Updates Its Auto-Renewal Law
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Already signed up? Log in here By using the service, you signify your acceptance of JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
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