Class actions alleging deceptive influencer marketing practices are going viral. These new lawsuits, naming both companies and affiliated influencers as defendants, mark the advent of a new era of enforcement in the...more
A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...more
3/12/2025
/ Arbitration ,
Arbitration Agreements ,
Auto-Renewal ,
Class Action ,
Clickwrap Agreements ,
Consumer Contracts ,
Consumer Privacy Rights ,
Contract Terms ,
Data Privacy ,
Internet Retailers ,
Online Contracts ,
Retailers ,
Subscription Services ,
Terms of Service ,
Unfair Competition
In the long-awaited newest chapter of case law discussing the validity and enforceability of arbitration clauses and class action waivers, the Ninth Circuit on October 28, 2024, dealt a setback, though not a fatal blow, to...more
11/15/2024
/ Anticompetitive Behavior ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Delegation Clauses ,
Event Tickets ,
Federal Arbitration Act ,
Mass Tort Litigation ,
Preemption ,
Putative Class Actions ,
Terms of Use ,
Unconscionable Contracts
There’s no doubt that waterproof and oil-proof materials serve a wide range of valuable purposes—for everything from raincoats and yoga pants, to fast food wrappers, to cosmetics and dental floss. ...more
For more than a decade, companies have benefited immensely from the U.S. Supreme Court's 2011 decision of AT&T Mobility LLC v. Concepcion, which upheld a company's right to compel consumers into participating in individual...more
For more than a decade, companies have benefited immensely from the United States Supreme Court decision of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld a company’s right to compel consumers into...more
3/28/2024
/ Amazon ,
American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Event Tickets ,
Ticket Pricing ,
Verizon
Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more
1/22/2024
/ Advertising ,
Antitrust Provisions ,
Arbitration ,
Class Action ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Fees ,
Online Travel Vendors ,
Pricing ,
Resale Pricing ,
Retailers ,
Surcharges ,
Unfair or Deceptive Trade Practices ,
Web Tracking
Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more
10/11/2023
/ Advertising ,
Amended Complaints ,
Behavioral Advertising ,
Case Consolidation ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Storage ,
Dismissals ,
E-Commerce ,
False Advertising ,
Google ,
Government Investigations ,
Intrusion Upon Seclusion ,
Invasion of Privacy ,
Location Data ,
Opt-Outs ,
Putative Class Actions ,
Right to Privacy ,
Settlement ,
State Attorneys General ,
State Constitutions ,
Stipulated Judgment ,
Unfair Competition Law (UCL) ,
Unjust Enrichment