Automatic Renewal and Subscription Contracts: State Requirements, FTC Enforcement, Drafting Best Practices

Mr. Gressel focuses his practice on complex litigation and counseling on legal issues involving the internet, consumer protection, class action litigation, and emerging issues in artificial intelligence. He represents global companies across the technology and internet sectors in all stages of high-stakes litigation, from pre-trial filings through appeals. Mr. Gressel has particularly deep experience advising and defending companies in litigation and enforcement actions under California's Automatic Renewal Law, Unfair Competition Law, and other consumer protection statutes. He regularly advises clients on the evolving requirements related to automatically recurring subscriptions and negative-option requirements imposed by state and federal law, as well as the complexities of online contract formation. Mr. Gressel has secured significant victories for his clients in cases involving Section 230 of the Communications Decency Act and the First Amendment, defending online platforms against claims arising from third-party content and user-generated speech. He is active in the cutting-edge and fast-developing area of litigation involving generative AI, including claims arising from the design, deployment, and outputs of large language model chatbots—advising clients on novel questions of liability and product-based theories as courts across the country address these issues for the first time.

Ms. Patton is Counsel at Frankfurt Kurnit, where she advises clients in a broad range of industries on advertising, marketing, regulatory, and intellectual property matters. She is recognized by Best Lawyers in America (2021-2027) as a “Ones to Watch” attorney for Commercial Litigation,The Legal 500 (2025) as a “Key Lawyer” in Advertising and Marketing: Litigation, and Super Lawyers (2025) as a "Rising Star" for Intellectual Property. Ms. Patton counsels on a wide variety of advertising law issues, including copy and content review, claims substantiation, and compliance with federal, state, and local consumer protection laws and guidelines. She represents advertisers in regulatory investigations and litigation, including before the Federal Trade Commission, and in competitive advertising disputes before the National Advertising Division. Ms. Patton co-authored the USA chapter of Chambers and Partners' Advertising & Marketing "Law and Practice" guide in 2023-2025.

Mr. Tayman regularly represents clients in the financial services, banking, technology, AI, digital marketing and other industries in government investigations and enforcement actions, complex consumer financial and privacy class actions, mass arbitrations, and complex litigation. He frequently counsels clients on regulatory compliance enforcement and litigation risk avoidance with respect to federal and state consumer protection, privacy and marketing laws. Mr. Tayman is the lead editor of the firm’s Consumer Finance Insights blog and regularly publishes and speaks on current enforcement and litigation trends.