On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),...more
5/12/2025
/ Class Action ,
Commercial Electronic Messages ,
Consumer Protection Laws ,
Email ,
False Advertising ,
Marketing ,
Penalties ,
Retailers ,
Statutory Penalties ,
Statutory Violations ,
WA Supreme Court
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 Smith v. Spizzirri, the Supreme Court unanimously held that federal district courts lack the power to dismiss a case sent to arbitration. Instead, under the Federal Arbitration Act, if a party moves to compel arbitration...more
Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible.
This bulletin addresses a wrinkle in the law about when removal is possible....more
On April 22, 2021, the U.S. Supreme Court decided AMG Capital Management v. FTC . In a unanimous opinion, the Court narrowed the FTC’s power to seek monetary relief in federal court for violations of the FTC Act—or at least...more
In a much-anticipated decision issued on March 25, 2021, the United States Supreme Court tackled when companies can be sued outside their “home” state. Ford Motor Co. v. Montana Eight Judicial District Court, 592 U.S. ___...more