Restore Online Shoppers’ Confidence Act (ROSCA): New requirements, disclosures, enforcement actions and lawsuits

Michele Floyd | Kilpatrick Townsend & Stockton LLP

Michele Floyd has a broad complex litigation practice with a focus on class action defense and on matters involving antitrust, unfair competition, false advertising, and privacy. Michele has extensive experience defending actions brought under California’s Unfair Competition Law (UCL), False Advertising Law (FAL), and similar statutes of other states and has handled complex commercial actions in federal and state courts across the country. Michele has represented clients in NAD proceedings, as well as in investigations brought by the Federal Trade Commission, the Department of Justice, the Federal Communications Commission, the U.S. and California Departments of Transportation, and a number of states’ Attorneys General. She has significant experience representing clients in arbitration proceedings and is a member of the AAA National Roster of Arbitrators.

Michele has specific expertise in online contracting and advertising practices and counsels clients on both antitrust compliance and minimizing legal risks associated with advertising campaigns and marketing representations.

Prior to joining the firm, Michele was a partner in the San Francisco, California office of a women-owned boutique litigation law firm where she concentrated her practice on complex commercial/class action litigation. Prior to that, she served as the Senior Legal Director, Commercial Litigation, at a global media and tech company where she was responsible for managing and defending its commercial litigation.

Michele was recognized by The Best Lawyers in America® for Mass Tort Litigation/Class Actions – Defendants (2021-2025). She was also recognized as a Northern California “Super Lawyer” (2018-2023) and as a “Rising Star” (2010-2015) in the area of Antitrust Litigation by Super Lawyers magazine.

Diego Wu Min | Kilpatrick Townsend & Stockton LLP

Diego Wu Min focuses his litigation practice on the defense of consumer class actions involving the California Consumer Legal Remedies Act (“CLRA”), and unfair competition and false advertising claims. Diego also represents clients in actions involving cybersecurity and cryptocurrency issues. Diego’s practice also involves counseling companies regarding their compliance with California’s “auto renewal law” for subscription and continuous service offers. Diego has experience litigating in Federal and California courts, as well as in commercial and consumer arbitration. Diego’s clients range from privately-held businesses to some of the world’s largest publicly-traded companies.

Diego participates in a wide range of pro bono matters ranging from compassionate release cases sponsored by the National Association of Criminal Defense Lawyers (NACDL) to updating practice manuals for the National Center for Missing & Exploited Children (NCMEC).

Prior to joining the firm, Diego was an associate in the Oakland, California office of an AmLaw 100 firm, where he primarily handled environmental or toxic tort cases involving chemical and substance exposure. While attending Indiana University Robert H. McKinney School of Law, Diego served as a judicial extern for the Honorable Jane Magnus-Stinson in the U.S. District Court for the Southern District of Indiana. He also participated in the patent externship program of a national pharmaceutical company headquartered in Indianapolis, Indiana. Diego was a research assistant for Professor Xuan-Thao Nguyen and the Executive Managing Editor for the Indiana Health Law Review, Volume XIV.

Diego was recognized in 2025 as one of the “Best Lawyers: Ones to Watch” for Commercial Litigation by The Best Lawyers in America®.

Diego is fluent in Spanish and has basic knowledge of Mandarin Chinese. Outside of his legal work, Diego can be found attempting to improve his golf game, rooting for the Nittany Lions, and cooking all types of cuisine.

I. Requirements under the Restore Online Shoppers’ Confidence Act | 1:00pm – 1:30pm

II. FTC and State Government Enforcement Actions | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Class Action Lawsuits and Trends | 2:10pm – 2:40pm

IV. Dark Patterns and Junk Fees | 2:40pm – 3:10pm