Negative option marketing can include pre-notification negative option plans, continuity programs, automatic renewals, and free-to-pay conversions. This marketing strategy continues to invite scrutiny from the Federal Trade Commission (FTC), state attorneys general, and class action plaintiffs. Our episode on this topic was the most popular from Season One, so we’re back with an update. Host Len Gordon and his guests, Venable partners Shahin Rothermel and Ari Rothman, discuss the keys to success in avoiding investigations and liability.

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