Internet Retailers

News & Analysis as of

Affiliate Marketer Can Survive Motion to Dismiss on Breach of Contract for Referrals

Affiliate marketers are a considerable cog in assisting companies, including search engines and online retailers, in guiding potential customers to click on sponsored links. In expediting the acquisition of potential...more

New Study by UAB Professor Analyzes Collateral Damage from Internet Sales Tax Non-Compliance

In 2012, Dr. Robert A. Robicheaux, well-respected Professor in the Department of Marketing, Industrial Distribution and Economics at the University of Alabama at Birmingham’s Collat School of Business, issued a report titled...more

Credit Unions Continue to Demand New Data Security Standards for Retailers and Right to Recover Losses After a Breach

On September 3, 2014, following the news of a possible breach at Home Depot (which was confirmed on September 8), the National Association of Federal Credit Unions (NAFCU) called on Congress to enact new legislation to hold...more

Arbitration Agreement On Barnes & Noble’s Website Not Enforceable

In a case between an on-line customer and Barnes & Noble, the Ninth Circuit recently refused to enforce the arbitration agreement found in the website’s “Terms of Use.” Nguyen v. Barnes & Noble Inc., __ F.3d__, 2014 WL...more

Is Your Browsewrap Terms of Use Agreement Enforceable?

Many websites use browsewrap terms of use agreements, which say that by virtue of using or making a purchase on the website, the user agrees to those terms of use. However, the 9th Circuit’s recent opinion raises questions...more

Survey Shows Cybersecurity Danger Worse than Most Retailers Think

There's a huge gap between retailers' perceptions and reality when it comes to cyberattacks and preventing data breaches, according to a new study from Dimensional Research and Tripwire. When asked how quickly their...more

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's...more

Organic Internet Growth: New .ORGANIC Domain Names Launch

If an organic standards body has approved you or your product, you are likely eligible to register an .organic domain name. Interested brand owners should apply as soon as possible and before the sunrise period closes on...more

Ninth Circuit Affirms Decision Not To Enforce Browsewrap Arbitration Agreement

On August 18, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s decision not to enforce a retailer’s online “browsewrap” arbitration agreement because the retailer failed to provide adequate...more

Online Terms - What Works, What Doesn’t

The online fine print - those terms and conditions that you agree to when you buy something online - it really does matter where those terms are placed in the checkout process. A recent US case illustrates this point. In...more

No RESPA Respite - Continued

The CFPB continues to crack down on basic RESPA violations. On August 12, 2014, the CFPB announced yet another Consent Order with alleged violations of RESPA. In this case, an on-line retail mortgage company, the company’s...more

More MoneyPaks More Problems: Don't be a victim of prepaid card fraud

Prepaid money cards have become increasingly popular these days, due to the rise of online shopping, their accessibility for those who prefer not to carry around cash or have access to credit cards, and their relative ease of...more

The Buck Stops Here – Senate Bill Takes Aim at E-retailers

After more than a decade of trying to gain traction on Capitol Hill, brick-and-mortar retailers could be close to leveling the playing field with online merchants if the Marketplace and Internet Tax Fairness Act (“MITFA”)...more

Status Updates - June 2014 #8

..Facebook’s deputy general counsel describes the company’s pushback since last summer against sweeping search warrants issued by a court in New York for private data from no fewer than 381 Facebook users. The company regards...more

Privacy Tuesday – June 2014 #2

DC Update from Politico Morning Tech - “DATA BREACH DRAFT DELAYED – The thorny issue of FTC enforcement has slowed efforts to release a draft of Rep. Lee Terry’s data breach bill, according to sources close to the...more

How new EU guidance on the Consumer Rights Directive will impact online digital content providers

Following on from the guidance note we recently published on this topic, new consumer rights have now been introduced on an EU-wide basis which affect most businesses dealing with consumers. These rights have been introduced...more

Utah Federal Court Dismisses Putative Class’s “True Lender” Claims Against Online Merchant

On May 23, the U.S. District Court for the District of Utah dismissed a putative class action filed against an ecommerce merchant for allegedly operating a financing program that violated various California laws, including...more

2014 Oklahoma Products Liability Reform Protects Sellers Significantly. Manufacturers Receive Less Relief.

The Oklahoma legislature passed the products liability reform bill, HB 3365, by supermajorities in both chambers: 69-19 in the House and 34-8 in the Senate. Governor Fallin signed the bill into law May 2, 2014. ...more

Consumer Contract Regulations - Retailers – are you ready for June 2014?

The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (the "CCRs") come into force in the UK on 13 June 2014....more

Impact of New Consumer Contracts Regulation in the United Kingdom on Internet Sales

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “New Regulations”) will come into force on 13 June 2014 in the United Kingdom, revising the way that many traders will have to...more

Gardner v. CafePress, Inc. - USDC S.D. California, February 26, 2014

Gardner v. CafePress, Inc. - USDC S.D. California, February 26, 2014 : Defendant CafePress operates a website that allows users to upload images for printing on products that others can purchase, such as T-shirts....more

Top 5 Changes For Online Sales

Italy finally implemented the new Consumer Rights Directive which introduces major changes in online contracts aimed at better protecting consumers, impacting also on the Internet liability regime for entities selling...more

International Tax News - February 2014

IRS RELEASES ITS “ROADMAP” OF THE TRANSFER PRICING AUDIT PROCESS - The US Internal Revenue Service has released its Transfer Pricing Audit Roadmap, a 26-page outline of the two-year transfer pricing audit process,...more

Virtual Currency Resources

Decentralized virtual currencies (also called math-based, crypto-, or alt-currencies) harness the Internet’s distributed architecture and vast processing power to provide an entirely new platform for payments innovation....more

Renewed Congressional Interest in Federal Data Security and Breach Notification Legislation

In light of recent, well-publicized, data security breaches at major retailers and social media company Snapchat, legislators are renewing the call for new federal laws that would strengthen data security and notification...more

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