News & Analysis as of

Amazon Unfair or Deceptive Trade Practices

Kelley Drye & Warren LLP

Amazon Hit With Greenwashing Lawsuit

Last week, consumers in four states filed a proposed class action against Amazon, accusing the company of greenwashing by misleading consumers about the sustainability of the company’s Amazon Basics line of paper products....more

Proskauer on Privacy

My Health, My Dollar: Amazon’s Health Data Troubles in Washington

Proskauer on Privacy on

Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”). The MHMDA restricts businesses...more

Stoel Rives LLP

Washington Supreme Court Expands Scope of 'Unfair Practices' Under Consumer Protection Act to Include Allegations of Price Gouging

Stoel Rives LLP on

In a decision that extends the reach of what constitutes an “unfair practice” under Washington’s Consumer Protection Act (CPA), the Washington Supreme Court recently confirmed that claims of “price gouging” may be actionable...more

Holland & Knight LLP

The FTC Takes Action Against the Amazon Prime Program

Holland & Knight LLP on

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes Action Against the Amazon Prime Program," consumer protection attorney Anthony DiResta examines the recent actions that the Federal Trade Commission...more

Proskauer - Minding Your Business

Amazon: The Prime Target in FTC Crackdown

On October 18, 2023, Amazon filed a motion to dismiss the Federal Trade Commission’s lawsuit alleging that the company deceived millions of consumers into nonconsensual Prime membership enrollment and thwarted members’...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

Vondran Legal on

In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

WilmerHale

FTC Targets "Dark Patterns" in Actions Against Amazon and Publishers Clearing House

WilmerHale on

The Federal Trade Commission (FTC) in recent years has made clear its intention to adopt a more aggressive enforcement posture toward so-called dark patterns. The FTC defines unlawful dark patterns to include any online...more

McCarter & English, LLP

INFORM Consumers Act: Let the Sun Shine on the Online Marketplace

Are you facing the frustration (and cost) of playing whack-a-mole with counterfeit and infringing products on Amazon and other online marketplaces? If so, the newly enacted INFORM Consumers Act could be a major new tool in...more

WilmerHale

FTC Announces Enforcement Actions Against Amazon’s Alexa and Ring Divisions for Violations of User Privacy

WilmerHale on

On May 31, the Federal Trade Commission (FTC or Commission) announced two separate enforcement actions against Amazon—one involving its cloud-based voice service, Alexa, and the other involving Ring, its smart doorbell...more

Wiley Rein LLP

Wiley Consumer Protection Download (June 5, 2023)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Hinch Newman LLP

FTC Defense Attorney on Ecommerce Investment Management Provider Legal Regulatory Considerations

Hinch Newman LLP on

It is no secret amongst digital advertisers and FTC practice defense counsel that the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market,...more

Venable LLP

Gig Platforms, Wake Up. All Eyes Are Upon You.

Venable LLP on

Constant connectivity through smartphones has ushered in a new way for small businesses to connect with potential customers and gig workers looking for flexible employment. The emergence of companies like Uber, GrubHub,...more

Faegre Drinker Biddle & Reath LLP

State Attorneys General Updates From Arkansas, Washington, California & Texas

In this edition of Faegre Drinker’s State Attorneys General Update, we discuss: • A nearly $8 million settlement related to allegedly false Medicaid submissions in Arkansas - • Criminal charges filed under...more

Proskauer - Minding Your Business

Price Gouging Updates: Warren Accuses Large Corporations of Price Gouging; Plaintiffs Respond in Amazon Price Gouging Case

In an interview on All In with Chris Hayes in January, Sen. Elizabeth Warren, D-Mass., claimed that a factor causing the high prices facing U.S. consumers is “giant corporations who say, wow, a lot of talk about high prices...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Newsletter – December 2021

Texas Attorney General Files Third Amendment in Antitrust Lawsuit Against Google (Texas) - In December 2020, Texas led 17 states in an antitrust suit against Google, which argues that the company abused its monopoly power in...more

Tarter Krinsky & Drogin LLP

Controlling Online Distribution Leakage By Unauthorized Sellers

One of the biggest frustrations for brand owners is seeing their products sold through unauthorized distribution channels such as on the Amazon Marketplace. Carefully controlled brand experiences and minimum advertised...more

Proskauer - New Media & Technology

Ninth Circuit Rejects Claim That Amazon’s Terms and Conditions Are an Unconscionable Contract

In an unpublished opinion, the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazon’s terms of service. (Wiseley v....more

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