News & Analysis as of

Internet Retailers Data Collection

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

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

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

Troutman Pepper

30 States Urge Ninth Circuit to Reinstate Data Privacy Lawsuit

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In an unusual move, attorneys general (AG) from 30 states and the District of Columbia filed a bipartisan amicus brief in the Ninth Circuit supporting efforts to revive a proposed class action against payment processor...more

Cozen O'Connor

Arkansas AG Alleges Temu Uses E-Commerce App for Unlawful Data Access

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Arkansas AG Tim Griffin has filed a lawsuit against PDD Holdings Inc. and WhaleCo Inc., d/b/a Temu, alleging that Temu’s popular online shopping app operates as malware that is designed to gain unauthorized access to users’...more

BakerHostetler

The ‘New-Look’ Song-Beverly Credit Card Act: Web-Tracker Edition

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The California Song-Beverly Credit Card Act (the “Act”) – an act intended to protect the personal privacy of individuals during credit card transactions – may very well become the new trend in California privacy litigation. ...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

Benesch on

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

Benesch

Old Law, New Tricks: Pen Register and Trap and Trace Claims on the Rise

Benesch on

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

Hogan Lovells

2023 Annual Retail and Fashion Holiday Guide

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Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our...more

Keating Muething & Klekamp PLL

New York Bans Sale of Certain Supplements to Minors

On October 25, 2023, New York Governor Kathy Hochul signed into law a bill (the “Act”) banning the sale of over-the-counter weight loss and muscle building supplements to children under the age of 18. This Act is the first...more

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

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

Fenwick & West LLP

New E-Commerce Marketplace Regulations: Online Marketplaces Must Comply with The INFORM Consumers Act by June 27, 2023

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In an effort to “combat the online sale of stolen, counterfeit, and dangerous consumer products,” Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM...more

Venable LLP

New Law Regulating Online Marketplaces Will Impact Sellers, Too

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Starting June 27, operators of online marketplaces will need to comply with a new federal statute, the Integrity, Notification, and Fairness in Online Market Retail Marketplaces for Consumers Act or INFORM Act. The...more

Goodell, DeVries, Leech & Dann, LLP

Do You Know What Your Data is Doing?

The headline is a mouthful, but in the time you read this column your personal data has probably been collected by the more sophisticated vendors with whom you do business and is being used to target you for more purchases....more

BakerHostetler

The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

BakerHostetler on

The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Robinson+Cole Data Privacy + Security Insider

Sephora Settles with California AG for CCPA Violations over Sale of Data

In the first of its kind under the California Consumer Privacy Act (CCPA), Sephora settled an enforcement action with the California Attorney General for violation of the CCPA. Sephora must pay $1.2 million in penalties and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Virtual ‘Try On’ Features: Do They Create Biometric Privacy Concerns for Retailers?

​​​​​​​Retailers’ virtual “try-on” features have come under attack lately by lawsuits claiming violations of consumers’ biometric privacy rights. The increasing risk of litigation highlights a new area of compliance concern...more

Latham & Watkins LLP

EDPB Issues New Guidance on Storing Credit Card Data for Future Purchases

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Online retailers storing credit card data for the sole purpose of facilitating further purchases will likely need to obtain consumer consent. Online shopping has boomed in recent years. In 2020, the European statistics...more

Robinson+Cole Data Privacy + Security Insider

Curbside Pickup and Geofencing – How Your Favorite Retailer Knows You’ve Arrived

It’s that shopping time of year again and we are in the midst of a pandemic, so some of us are shopping differently than in the past. Curbside pickup is an option that has become more popular and for good reason. It’s quick,...more

White & Case LLP

Nevada Imposes October 2019 Deadline to Implement New Privacy Restrictions on the Sale of Personal Data

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While businesses have been focused on meeting the looming January 1, 2020 deadline of the California Consumer Privacy Act ("CCPA"), Nevada just ratchetted up the heat by imposing an earlier October 2, 2019 deadline for...more

BCLP

Retailers Should Consider Whether Behavioral Advertising Is Sale of Information Under CCPA

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The California Consumer Privacy Act (“CCPA”) was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: Retail Industry Outlook: Risks and Rewards

In this episode, partners and Akin Gump retail initiative co-leaders Gregory Knopp and Meredith Slawe discuss the retail sector, its promises and its pitfalls. Among the topics covered: • technological innovation in retail ...more

Robins Kaplan LLP

Going Mobile: The Growth of Device-Based Ecommerce in the 2018 Holiday Season

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As shopping via mobile devices captures a greater share of e-commerce, experts are making bold predictions about the role cell phones will play in this year’s holiday shopping landscape....more

BCLP

Passing Data Between Retailers To Facilitate Transactions

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Online retailers often learn information about a consumer that may be used by them to help identify other products, services, or companies that may be of interest to the consumer. For example, if a person purchases an...more

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