Podcast - The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods
Fashion Counsel: Privacy in the Retail Fashion Industry
Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Podcast: South Dakota v. Wayfair
Stealth Lawyers: Steven Abt & Moiz Ali, Craft Spirits Curators
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
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
The Federal Trade Commission (FTC) last week filed a civil case against Amazon alleging that the company used “manipulative, coercive, or deceptive user-interface designs known as ‘dark patterns’ to trick consumers into...more
The Competition Bureau published its sixth volume of the Deceptive Marketing Practices Digest on April 17. The latest edition looks at the use of fake scarcity cues in online marketplaces and provides an update on drip...more
From its inception, Amazon has been at war with unscrupulous actors, both foreign and domestic, who seek to gain a competitive advantage through any means necessary. What began as malware, viruses, and spam, has evolved into...more
No More Social Fix for Cali Kids? New state bill targets social media addiction - Vertigo 2.0 - There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more
On March 21, 2022, the Federal Trade Commission (FTC) announced a final administrative complaint and decision and order that finalizes a settlement with a California online fashion retailer to settle allegations that the...more
In a move that could prove beneficial for both brands and consumers alike, Amazon recently filed a lawsuit against two fake-review brokers, AppSally and Rebatest. These companies connect consumers with third-party sellers to...more
Many shoppers will not purchase any product or service without first reading the reviews of prior customers. Therefore, retailers may be tempted to more prominently display the positive reviews and/or suppress negative...more
Suppressing negative customer reviews may lead to costly consequences. Online fashion retailer Fashion Nova recently settled the Federal Trade Commission’s (“FTC”) allegations that the company blocked negative online reviews...more
The Federal Trade Commission (FTC) has fined online fashion retailer Fashion Nova $4.2 million to settle allegations that the company blocked negative reviews of its products from being posted on its website. The FTC said...more
Shoppers in online marketplaces, or customers checking reviews before dining or retaining a service, have become increasingly reliant on internet testimonials. Mark P. of Hoboken, NJ rates Hank’s Burger Depot 5 out of 5...more
In the early days of the pandemic, COVID-19 was synonymous with a mad dash for anti-virus home items like hand sanitizer, toilet paper, and anti-bacterial wipes. Amazon emerged from the shopping frenzy as key source of these...more
Earlier this year, we blogged about the Supreme Court’s decision in AMG v. FTC, which significantly curtailed the FTC’s ability to seek monetary restitution under Section 13(b) of the FTC Act. One quick update there: The...more
The Sixth Circuit Court of Appeals later this year will hear oral arguments in an important case deciding whether a lower federal court correctly enjoined the Kentucky Attorney General from applying the State’s price gouging...more
The COVID-19 pandemic created a run on certain personal hygiene products due to the fear of a widespread outbreak in the United States. Those scarce supplies include hand sanitizer, disinfecting wipes, gloves, masks, and...more
In a previous post, we reported that state Attorneys General are actively pursuing investigations into alleged price gouging under state consumer protection laws during the COVID-19 pandemic. ...more
In response to the COVID-19 pandemic and the shortage of necessary medical supplies, U.S. Attorney General William P. Barr, in a memo released on March 24, 2020, announced the creation of a special, nationwide task force to...more
Read the latest news on antitrust, competition, and economic regulation in this summer edition of our quarterly ACER newsletter. ...more
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
"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more
Negative Option Marketing Enforcement Actions in Federal Court - A negative option is a provision in an offer or agreement to sell or provide any goods or services “under which the customer’s silence or failure to take...more
Los Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside...more
Earlier this year, consumers filed class action lawsuits against retailers Zulily and Burberry in federal court in New York alleging unfair and deceptive sales practices in connection with their respective marketing of...more
New in False Advertising Lawsuits: Security Systems and Oatmeal - Class action complaints alleging false advertising run the gamut of products and services, and recent lawsuits filed across the country bear this...more