News & Analysis as of

Customers State and Local Government

Lewis Roca

Legal Issues, Problems, and Unanswered Questions Regarding a State’s Ability and Potential Departure from the Depository...

Lewis Roca on

In 1980, Congress passed Public Law 96-221, called the Depository Institutions Deregulation and Monetary Control Act (“DIDMCA”), which, in part, allowed federally insured state banks, state credit unions, and state savings...more

McDermott Will & Emery

Maryland Attorney General’s Office Says Taxpayers May Inform Customers of Increased Charges Resulting from Digital Advertising Tax

In a brief filed on April 29, 2022, the Maryland Attorney General’s Office (Attorney General) agreed that the “pass-through prohibition” of the state’s digital advertising tax “does not purport to impose any restriction on...more

Bass, Berry & Sims PLC

Colorado Eliminates Ban on Surcharges

Bass, Berry & Sims PLC on

Colorado recently became the latest state to eliminate a statutory ban prohibiting merchants from imposing a surcharge on customers who elect to pay for a transaction via credit or charge card. The Credit Transaction Charge...more

Bass, Berry & Sims PLC

Kansas Court Rules No-Surcharge Statute Unconstitutional

Bass, Berry & Sims PLC on

The U.S. District Court, District of Kansas recently ruled in CardX, LLC v. Schmidt, that Kansas Statute Annotated § 16a-2-403, which prohibits merchants from imposing a surcharge on customers who elect to pay via credit...more

Bradley Arant Boult Cummings LLP

Hanna Andersson and Salesforce Receive Preliminary Approval for Settlement of CCPA-Based Class Action Litigation

In 2019, Hanna Andersson, a children’s apparel store, suffered a data breach while using a Salesforce e-commerce platform. As a result of the breach, customers filed a class action lawsuit, alleging customer data was stolen...more

Bradley Arant Boult Cummings LLP

States Enact Statutes that Protect Landlords from COVID-19 Premises Liability Claims

A minority of states have enacted statutes and taken other action to protect business owners from claims by persons who allegedly were infected by COVID-19 on their premises. The purpose of this article is to compare these...more

Faegre Drinker Biddle & Reath LLP

District of Nevada Applies Agency Principles to TCPA Suit Against Messaging Platform and Consumer-Info Company, Dismisses Claims

Last week, the District of Nevada contributed to a growing consensus among Ninth Circuit district courts that TCPA liability generally does not extend to companies that produce equipment used to place unlawful calls—such as...more

Bradley Arant Boult Cummings LLP

Everything You Need to Know (and Probably Don’t) About Covenants Not to Compete - Texas

A key employee just left. He was intimately involved in a major transaction. He knows all the secrets of a $40 million deal. To make matters worse, he is going to a competitor. You have a non-compete – what can you do? Or,...more

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