Managing the Risk of Negative Option Offers and Other Marketing Strategies

by Bill McClellan on Sep 27, 2017 9:01:00 AM Government Relations


At the end of August, I wrote a blog entitled “Advisory: Free Trials, Automatic Renewals & the Road Ahead.” The blog covered how regulators, both state and federal, as well as state legislatures have keyed in on negative option offers and automatic renewals. 

It’s a big deal that isn’t going away anytime soon.More recently, there has also been news that local district attorneys in California are exploring this area of marketing practices as well.

Due to overwhelming interest on the topic, we have decided to dedicate an educational session to this at the 2017 ERA D2C Convention next week in Las Vegas. The session is titled “Managing the Risk of Negative Option Offers and Other Marketing Strategies” and scheduled for Wednesday, October 4, from 4 p.m.-5 p.m. in Mouton 1 at the Wynn Las Vegas hotel.

With the increased dissemination of continuity plans, automatic renewals, free-to-pay conversions and BOGO offers, merchants and third party vendors all find themselves in regulatory crosshairs.

This panel will discuss recent state and federal actions involving negative option offers and how it affects the various aspects of your advertising campaign from front-end claims to back-end business practices. The panelists will also explore if self-regulation can play a role in providing guidance to the industry.

As always, we have an incredible line-up of experts joining us to discuss these recent developments. Peter Marinello with ERA’s self-regulation program ERSP will moderate. Marinello will be joined by Ellen T. Berge, Venable LLP, Ed Glynn, Locke Lord, Linda Goldstein, Baker Hostetler LLP, and John A. Greco Sr., One Technologies, LLC.

I am really looking forward to this important and timely panel topic and can’t wait to see you in Vegas!

 About the Author


Bill McClellan serves as ERA's Vice President of Government Affairs. Prior to joining the association, Bill worked as a lobbyist at the Georgia Automobile Dealers Association, covering the state legislature and Georgia's congressional delegation. Before working for the GADA, Bill managed political campaigns at both the congressional and state constitutional levels.

Bill McClellan's blog
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