Internet Retailers

News & Analysis as of

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

Advertising News & Analysis - August 2014

In this issue: - Venable Announces 2014 Intellectual Property Symposium - Eric Berman's Arrival at Venable Adds Depth to Advertising, Antitrust Practices - FTC Approves iKeepSafe COPPA Safe Harbor...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

German Federal Supreme Court Releases Long-Awaited Decision in Gameforge ‘Runes of Magic’ Case

Last week the German Federal Supreme Court (FSC) finally released its full decision, with reasons, in the Gameforge “Runes of Magic” litigation. The court had already made its decision on 17 July 2013 (file no.: I ZR 34/12)....more

Living In A State Of De-Nile: Are Commercial Drones Viable?

Soon, the days of having to wait for your online purchase to arrive may be a thing of the past. Nile, giant online retailer of everything from books to breakfast cereal, announced that it intended to deploy a fleet of...more

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the...more

Collection of Email Addresses in Credit Card Transactions May Be Prohibited by California Law

The U.S. District Court for the Eastern District of California has held that the prohibition against requesting or requiring personal identification information in connection with credit card transactions contained in...more

U.S. Supreme Court Denies Certiorari to Review New York’s Click-Through Nexus Law

The U.S. Supreme Court has declined to consider the constitutionality of New York’s “Amazon” click-through sales tax nexus law, leaving it in effect and emboldening other states’ similar efforts. Unless federal legislation...more

China to Boost Cross-Border E-Commerce

On Aug. 29, 2013, the Ministry of Commerce (the "MOFCOM"), in collaboration with eight other ministries and departments, released an "Opinion on Implementing Relevant Policies for Supporting Trans-boundary E-commerce Retail...more

Internet Platform Held Liable for Counterfeit Sales in a Departure from eBay Case — Hope for Brand Owners

Luxury brand owner Richemont International Ltd. (“Richemont”) scored an important victory against online counterfeiting this month when the U.S. District Court for the Central District of California granted summary judgment...more

Out of the Box - Legal guidance for the consumer product + retail industry: Volume 1, Issue 2, September 2013

In This Issue: From Flying Robots to Logistics Bliss: A Case Study; FCC’s New TCPA Rule; and Consumer Rights Set to Change in Europe. Excerpt from From Flying Robots to Logistics Bliss: A Case Study - The...more

Misbranded Drugs: A Danger To Physicians And Patients

Mail-order businesses, including pharmacies, bombard doctors by fax, phone, and Internet offering an assortment of name-brand medications and treatments at bargain prices. These new options tempt physicians with the promise...more

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