A national leader in privacy law, California was among the first states to include an express right to privacy in its constitution, create a data breach notification law, and codify robust consumer data protections. ...more
6/11/2025
/ California Consumer Privacy Act (CCPA) ,
CIPA ,
Class Action ,
Criminal Code ,
Data Collection ,
Litigation Strategies ,
Penal Code ,
Personal Data ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
Retailers ,
State Privacy Laws ,
Web Tracking ,
Wiretapping
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
In the wake of the Trump administration’s newly-imposed tariffs, many retailers are facing significant unanticipated cost increases across their supply chains, from raw materials, to manufacturing, to transporting goods...more
The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...more
4/11/2025
/ Appeals ,
Class Action ,
Consumer Privacy Rights ,
Disclosure Requirements ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Split of Authority ,
Statutory Interpretation ,
Targeted Digital Advertising ,
Video Recordings ,
VPPA ,
Websites
Fashion-related environmental legislation is, well, in fashion. And, as with many consumer-related issues, California continues to be a trendsetter....more
2/19/2025
/ Due Diligence ,
Environmental Assessments ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Fashion Industry ,
Greenhouse Gas Emissions ,
New Legislation ,
Reporting Requirements ,
Retailers ,
Supply Chain ,
Sustainability ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
It’s time to revisit automatic renewal compliance. With California amending its Automatic Renewal Law ("ARL") on September 24, 2024, and the Federal Trade Commission (“FTC”) finalizing its “Click-to-Cancel” Rule (“FTC Final...more
12/19/2024
/ Amended Legislation ,
Auto-Renewal ,
Cancellation Rights ,
Consent ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Final Rules ,
Retailers ,
Subscription Services ,
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
Over the past few months, a wave of new lawsuits has been filed in California state court against online retailers alleging violations of California’s Song-Beverly Credit Card Act, Cal. Civ. Code § 1747.08 (“Song-Beverly”)....more
8/16/2024
/ Apple ,
Credit Cards ,
Data Collection ,
E-Commerce ,
Email ,
Internet Retailers ,
Pending Litigation ,
Personal Data ,
Personally Identifiable Information ,
Retail Tracking ,
Retailers ,
Song-Beverly Credit Card Act
Since the enactment of California’s so-called “Junk Fee Ban,” S.B. 478 (more formally known as the “Honest Pricing Law” or the “Hidden Fees Statute”), Benesch has been fielding a wide range of questions from retailers and...more
5/14/2024
/ Compliance ,
Compliance Dates ,
Consumer Protection Laws ,
Damages ,
Disclosure Requirements ,
E-Commerce ,
Fees ,
Hidden Fees ,
New Guidance ,
Retailers ,
State Attorneys General
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
As Benesch’s multidisciplinary AI Commission continues to stay abreast of AI-related developments and legal implications our clients should be aware of, we are proud to debut the firm’s AI Reporter: a monthly roundup of...more
For many months, Joe Biden has been leading the so-called war on junk fees, a campaign to restrict surcharges spanning across industries - from airline seating upcharges, to hotel resort fees, to extra service charges tacked...more
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more
2/1/2024
/ Cookies ,
Data Collection ,
Data Privacy ,
Electronic Communications ,
Internet Retailers ,
Invasion of Privacy ,
Prior Express Consent ,
Privacy Laws ,
Retail Tracking ,
Retailers ,
SaaS ,
State Privacy Laws ,
Technology ,
Web Tracking ,
Websites ,
Wiretapping
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using “pen register” and “trap and trace” software to...more
1/29/2024
/ Data Collection ,
E-Commerce ,
Electronic Communications ,
Internet Retailers ,
Invasion of Privacy ,
Privacy Laws ,
Retailers ,
Risk Mitigation ,
Software ,
Statutory Violations ,
Tracking Systems ,
Web Tracking
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
On July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act (“Song-Beverly” or the “Act”) took effect, prohibiting express warranties for consumer goods sold in California from beginning before the date...more
7/21/2023
/ Actual Delivery ,
Amended Legislation ,
Consumer Product Companies ,
Contract Terms ,
Distributors ,
E-Commerce ,
Express Warranty ,
Indemnity ,
Manufacturers ,
Online Marketplace ,
Private Right of Action ,
Retailers ,
Warranties
When it comes to regulating endorsements, testimonials, and reviews, the FTC has made clear—many times over—that it does not intend to take its foot off the gas anytime soon. In the most recent, and significant, reminder of...more
7/12/2023
/ Advertising ,
Celebrity Endorsements ,
Comment Period ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NPRM ,
Online Endorsements ,
Online Platforms ,
Social Media ,
Unfair or Deceptive Trade Practices
Today, the hotly-debated and highly-anticipated Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (“INFORM Act”) finally takes effect....more
The fact that the Federal Trade Commission (“FTC”) has been active over the last two-plus years is far from breaking news. While it has gained tremendous attention for its relatively new interest in certain big issues—e.g.,...more