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E-Commerce

Troutman Pepper

Seventh Circuit Provides “How To” Successfully Present Consumer Arbitration Agreements

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A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more

Clark Hill PLC

The Learned Concierge - September 2024, Vol. 12

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Wyrick Robbins Yates & Ponton LLP

Same Old Song and Dance: The Song-Beverly Credit Card Act of 1971 is Plaintiffs’ Latest Tool to Target Pixels and Other Online...

The plaintiffs’ bar has added a new tool to its arsenal to target cookies, pixels, and similar online tracking tools and the businesses that use them: the California Song-Beverly Credit Card Act of 1971 (“Act”). This...more

Foley & Lardner LLP

2024 CPSC and FDA Enforcement Trends

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The enforcement trends of 2023 have continued into 2024, especially with respect to the U.S. Consumer Product Safety Commission (CPSC or Commission) and the U.S. Food and Drug Administration (FDA or Agency). Both have ramped...more

Kelley Drye & Warren LLP

Staying INFORMED: Updates Regarding State INFORM Acts

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) went into effect. As we have previously written, the INFORM Act aims to deter criminals from selling...more

MG+M The Law Firm

Visa/Mastercard Antitrust Class Action Claim Filing Deadline Extended to February 4

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UPDATE: In the massive antitrust class action against Visa, Mastercard and more than 25 banks, the deadline has been extended to February 4, 2025 for victims of overpaid credit or debit card transaction fees to file a claim...more

Morrison & Foerster LLP - Social Media

Social Links: Recent Developments In The Law And Business Of Social Media

The Federal Trade Commission has finalized a new rule aimed at curtailing false, misleading, and otherwise fraudulent reviews on online retail sites. Fake reviews are a significant problem for the big e-commerce platforms,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Enforcement in Online Marketplaces

Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more

Troutman Pepper

EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions

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In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory...more

Latham & Watkins LLP

UK Government Launches Consultation on Deregulating Commercial Agents

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The UK’s consultation on deregulating commercial agents could have knock-on impacts on payment services and create regulatory divergence from the EU....more

Ankura

Headwinds in the Retail Labor Market: Navigating the Future of Workforce Dynamics in Retail - Part 7

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The retail labor market is facing significant challenges due to shifts in consumer behavior, technological advancements, and economic uncertainties. Retailers must adapt to changing skill requirements, integrate new...more

Benesch

Oldies but Not Goodies - Plaintiffs Put New Digital Spin on Song-Beverly

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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

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

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Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

Reveal

The Keys to a Successful FOIA Request

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Want access to James Comey’s private memos detailing his interactions with President Donald Trump? Yeah, so do we. But if you submit a FOIA request for the memos to the FBI or DOJ, it’s pretty much guaranteed to be rejected....more

Dechert LLP

CJEU Upholds Country-of-Origin Principle for Online Intermediaries

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The Court of Justice of the European Union (“CJEU”) recently addressed requests for preliminary rulings on the interpretation of various EU regulations and directives concerning online intermediation services1 (“Online...more

Society of Corporate Compliance and Ethics...

Privacy Issues from Third-Party Website Tags

The average ecommerce website has 66 third-party tags on the page. That’s according to our podcast guest, Rui Ribeiro, CEO of Jscrambler. The tags, pixels and scripts control everything from the video to payment processing to...more

Womble Bond Dickinson

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

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The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more

Ballard Spahr LLP

Is your direct-to-consumer company using “dark patterns” on its website?

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Navigating the virtual marketplace has become an integral part of the consumer experience in the digital age. Lurking behind the convenience and accessibility of e-commerce websites, however, lies a subtle yet pervasive...more

Holland & Knight LLP

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

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In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more

Sullivan & Worcester

WTO Agreement Continues Push Towards Digitalisation of Trade Documents

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A significant milestone in the digitalisation of trade was reached on 26 July 2024 with the World Trade Organisation (WTO) Joint Statement Initiative (JSI) on Electronic Commerce publishing the text of its agreement on...more

Womble Bond Dickinson

Online Retailers Face Lawsuits for IP Address Collection During Transactions Under The Song Beverly Act

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In the latest iteration of privacy claims, California plaintiffs have begun filing lawsuits against online retailers using online tracking technologies to collect IP addresses under a new theory—plaintiffs allege such...more

Fenwick & West LLP

Unveiling the Impact of Drip Pricing in Online Ticket Sales

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Drip pricing, the practice of revealing hidden fees after a consumer has begun the purchasing process, has come under scrutiny. The Federal Trade Commission has labeled it a dark pattern, and California has taken steps to...more

Orrick, Herrington & Sutcliffe LLP

FINRA alleges firm failed to enforce supervisory procedures related to outside business activities

On July 12, FINRA accepted a Letter of Acceptance, Waiver, and Consent from a broker-dealer alleging that it did not enforce its written supervisory procedures related to outside business activities of its registered...more

Mandelbaum Barrett PC

The Digital Business Legal Guide: Key Legal Considerations

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Have you ever considered the number of legal challenges that come with running a business in the digital era? Forbes predicts that the global e-commerce will surpass $6 trillion in 2024, meaning that there is no shortage of...more

McDermott Will & Emery

From Oops to Encore: The Board’s Premature Adverse Judgment

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The Director of the US Patent & Trademark Office (PTO) overturned the Patent Trial & Appeal Board’s premature adverse judgment against a patent owner and remanded an inter partes review (IPR) proceeding based on the fact that...more

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