Digital Health
Contracts Law Blog

Regulation of Consumer Subscriptions Remains FTC Focus

Regulatory enforcement of consumer subscriptions remains a focus of the current FTC, based on the action just taken against the California tech company Uber regarding the company’s consumer subscription and related business practices. The FTC filed a complaint against Uber Technologies, Inc. and Uber USA, LLC in the Northern District of California on April 21, […]

Digital Health Contracts Must Comply with New FTC “Click to Cancel” Rule

The Federal Trade Commission (“FTC”) has just announced the final version of its “Click to Cancel” Rule for consumer software subscriptions. The Rule will go into effect 180 days after it is published with the Federal Register.  This Rule will directly apply to all consumer-focused digital health contracts. Full Text of FTC Rule The full […]

California Companies Must Comply with New Subscription Law

California has just adopted the new “click to cancel” law that will regulate consumer subscriptions, along with memberships and other autorenewing or continuous service arrangements with consumers. AB 2863 amends California’s existing autorenewal law to add additional protections for consumers with respect to autorenewing or continuous billing charges. Many digital health companies will need to […]

Kristie Prinz to Lead New Silicon Valley Group In ProVisors

I am pleased to announce that I am a new ProVisors home group leader in the Silicon Valley Region.  I will be leading a new Silicon Valley Virtual 1 Group, which will be an all-virtual home group for service providers engaged in Silicon Valley business.  The group will meet the first Friday of the month […]

Will Your Digital Health Company’s Contract Survive Customer Cost-Cutting?

      It has become increasingly clear over the past few months that businesses are in a cost-cutting mode, as the economy has become more and more sluggish.  While your digital health company is likely focusing on its own cost-cutting strategy, have you stopped to consider whether your most significant customers might be doing […]

Kristie Prinz to Speak on Negotiating Digital Health Contracts in an Uncertain Economy

The Prinz Law Office will host a 30 minute webinar on Thursday September 26, 2024 at 10:00 a.m. PT on “Negotiating Digital Health Contracts in an Uncertain Economy.”  Digital Health Contracts Law Blog’s Kristie Prinz will be the presenter, and will address best practices in negotiating digital health contracts when the economy is unpredictable.  To […]

FTC Seeks to Adopt New “Click to Cancel” Requirements for Subscriptions

As the Digital Health Contracts Law Blog recently advised you, the FTC has just filed a complaint against a software company over its “Annual Paid Monthly” subscription contract. The FTC has separately also sought the expansion of its “Negative Option Rule” to amend the provisions to specifically apply to subscriptions by adding a “Click to […]

FTC Enforcement Action to Regulate Subscription Contracting Practices

The FTC has just signaled to all consumer-facing companies relying on a subscription model that their subscription contracting practices are under scrutiny, so digital health companies need to know and understand the FTC’s claims and concerns about some subscription contracts.  In particular, the FTC has filed suit against Adobe over its Annual Paid Monthly subscription […]

The Prinz Law Office Announces Launch of New Subscription Plans

The Prinz Law Office is pleased to announce the launch of a new subscription plan, which is intended to simplify the process of working with a lawyer for companies as well as individuals.  The firm’s subscription plans have been been designed to uniquely enable clients to hire and communicate with counsel without the fear or […]

When does a Digital Health Company need a Service Level Agreement?

I often find that many digital health companies are unfamiliar with the concept of a service level agreement and have no idea when they might need one. A “service level agreement” or “SLA” is a technical agreement that defines that parties’ expectations of the level of service that will be provided in a particular service […]

Is your Digital Health Software Company Signing Customers to Contracts Based on the Appropriate Contract Model?

Is your digital health software company signing customers to contracts that are based on the appropriate technology contracting model? In digital health contracts (as in software contracts generally), perhaps the single most common issue that gets confused is the difference between a software license and a software-as-a-service agreement.  But the concepts are very different.  In […]

How to Recognize a Poorly Written Digital Health Contract

In my experience, the first sign of a poorly drafted digital health contract is that contract completely confuses the software licensing and SaaS technology models, so that it’s extremely unclear as to what kind of product that the software provider is actually selling. If the product is a software license, the contract should contain a […]

Is Your Digital Health Agreement Silent on Implementation?

If your digital health company is like most companies these days, you likely set up a software interface and train your customers on how to use the product at the very beginning of the relationship.  You probably even charge some sort of fee for these initial services that you provide.  And the set-up process may […]

Key Mistakes Companies Make in Negotiating Digital Health Software Contracts

What are the key mistakes companies make when negotiating digital health software contracts? First and foremost, the most common mistake I run into negotiations is that companies often end up negotiating with the wrong contract as the starting point.  For example, the parties may negotiate from a software license template when they need a SaaS […]

Drafting Problems with Fee Terms in Digital Health Contracts

When a client sends me a digital health software agreement to review or update, I always make a priority of reviewing any terms in the contract involving fees and then carefully reviewing the website and any marketing materials or fee schedules to confirm that the fee terms in the contract clearly match the fees listed […]

Will Your Digital Health Company’s Contracts be Vulnerable to a Recession?

If your digital health company is like most companies right now, your company is nervous about the possibility of an impending recession.  Of course, the real challenge is how to handle those nerves, and what steps your digital health company should take to better protect itself in the current environment.  The conventional wisdom is to […]

The Risks of Closing a Digital Health Deal by Signing the Customer Contract

Updated 6.27.24 Perhaps one of the very worst decisions I see digital health companies make is negotiating to close a digital health deal by agreeing to sign the customer’s contract. While it can potentially save time and upfront legal fees to agree to sign the customer’s proposed contract and perhaps get cash in the door […]

Protected by Security by CleanTalk