On July 1, 2018, California’s revised Automatic Renewal Law (ARL), Cal. Bus. & Prof. Code § 17600 et seq., goes into effect.

The updated law requires e-commerce sellers, doing business in California, to allow online cancellation of auto-renewing memberships or recurring purchases that were initiated online. Continue Reading Stricter Automatic Renewal Law in California Commences July 1, 2018

Monty Python and the Holy Grail (1975) contained a scene where bodies of plague victims were brought out to the curb for collection via a cart whether or not they properly belonged there.  One living fellow insists on not being dead by exclaiming: “I’m not dead yet.”  Unfortunately for him, his protestations go unheeded and he is placed in the cart of the dead.

It sometimes appears that arguments for the preemption defense against California statutes, including non-functional slack-fill provisions, are relegated to meeting the same fate as that Middle Ages plague victim.

There is, however, a glimmer of hope, albeit a non-published one. Continue Reading Preemption Defense in the Ninth Circuit Is “Not Dead Yet”