News & Analysis as of

Online Marketplace

McDermott Will & Emery

Texas Comptroller Proposes Rule Changes Cementing Tax on 130% of Marketplace Sales

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In a controversial move, the Texas Comptroller is poised to amend Rule 3.330, Data Processing Services, effectively rewriting the rules to favor the contentious stance it has adopted in recent audits and litigation. This...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

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

BCLP

The Amazon Regrows: DC High Court Revives Suit Against Amazon’s Pricing Practices

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On August 22, 2024, the DC Court of Appeals revived a suit brought by the District of Columbia Attorney General’s Office (DC AG) against Amazon. The suit, which the superior court previously dismissed, alleges that Amazon’s...more

Cozen O'Connor

21 Republican AGs Demand Information from Temu about Data and Labor Practices

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A group of 21 Republican AGs sent a letter to the president of WhaleCo Inc., d/b/a Temu, and the CEO of Temu’s parent company PPD Holdings Inc. (collectively, “Temu”), raising concerns that the company’s business practices...more

K&L Gates LLP

Unauthorized Seller Reviews—Another Tool to Combat Unauthorized Sellers and Protect Your Brand

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Unauthorized sellers can damage your brand in many ways. One way is in relation to customer reviews of your products. Unauthorized sellers provide poor customer service, use poor or incorrect content and marketing assets, and...more

Husch Blackwell LLP

Ninth Circuit Issues Opinion on Constitutionality of California’s AADC

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Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...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

Latham & Watkins LLP

UK Online Safety Act 2023

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The Online Safety Act (the OSA) received Royal Assent on 26 October 2023 and is now in force. The OSA establishes an extensive regulatory framework for providers of online user-to-user services and search services with...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

Foley & Lardner LLP

SHEIN’s $1.9 Million Data Breach: A Cautionary Tale for Online Fashion Brands

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Share on Twitter Print Share by Email Share Back to top The New York Attorney General (“NYAG”) fined fast-fashion company, Shein Distribution Corporation (“SHEIN”), $1.9 million for failing to properly handle a data breach in...more

Kohrman Jackson & Krantz LLP

Federal Government Seeks to Hold Amazon Accountable for Dangerous Products

As Amazon maintains its chokehold on ecommerce sales, the United States Product Safety Commission (CPSC) is attempting to reclassify Amazon as a distributor of goods. If successful, this would expose Amazon to liability for...more

Cozen O'Connor

The State AG Report – 7.11.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican AGs to DOE: Appliance Efficiency Rule is a...more

Allen Barron, Inc.

"Selling Items Online? Is the IRS Watching?"

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Are you selling items online or receiving payment for goods and/or services on platforms such as PayPal, Venmo, eBay, Zelle, Etsy, or Cash App? Online platforms are the preferred method of shopping for most Americans. These...more

Sheppard Mullin Richter & Hampton LLP

Georgia Online Marketplace Updates Prove Controversial

An update to a Georgia law regulating high-volume third-party sellers on ecommerce platforms that takes effect July 1, 2024 has proved controversial for wrapping in not only sales “through” the platform but also sales made by...more

K&L Gates LLP

Brussels Regulatory Brief: May 2024

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Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a...more

Ballard Spahr LLP

The Iliad Flows: Federal Judge Allows FTC “Dark Patterns” Suit Against Amazon to Proceed

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In a lengthy ruling, a Seattle federal judge has allowed the Federal Trade Commission (FTC) to proceed with its groundbreaking case alleging that Amazon’s Prime online subscription marketing tactics constituted deceptive...more

Ballard Spahr LLP

CFPB report on banking in video games and virtual worlds

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On April 4, 2024, the CFPB issued a report examining the growth of financial transactions in online video games and virtual worlds. The report, titled “Banking in Video Games and Virtual Worlds,” highlights the growth and...more

Fox Rothschild LLP

Cookies and Online Merchants: What Can We Learn From California Lawsuits

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New lawsuits that were recently filed in California echo some of the “cookie” conversations my colleagues and I have been having with online merchants and retail clients....more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 12 - Spring 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York...more

Morrison & Foerster LLP

CFPB Issues Report on Risks Posed by Video Game Marketplaces

On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a report on “Banking in video games and virtual worlds” (Report). The Report focuses on the movement of money in virtual worlds and how gamer data is...more

Sheppard Mullin Richter & Hampton LLP

Report Signals CFPB Taking Aim at Video Game and Virtual Worlds Industries

On April 4, the CFPB published a new Issue Spotlight, titled “Banking in Video Games and Virtual Worlds” that analyzes the increased commercial activity within online video games and virtual worlds and the apparent risks to...more

Skadden, Arps, Slate, Meagher & Flom LLP

FCC Approves Voluntary Internet-of-Things Cybersecurity Labeling Program

The Federal Communications Commission (FCC) recently approved a voluntary Internet of Things (IoT) Labeling Program, which allows manufacturers of IoT products to earn the FCC’s approval to display a “U.S. Cyber Trust Mark”...more

Morrison & Foerster LLP

CPSC at ICPHSO: E-Commerce Platforms and Product Safety Responsibilities

This third installment of our series highlights regulators and other stakeholders’ growing focus on e-commerce platforms’ role in protecting consumers from unsafe products, as the percentage of online consumer product sales...more

Goodwin

Digital Markets Act: Mandatory Compliance for Big Tech Companies

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The Digital Markets Act (DMA) regulation of September 14, 2022, along with the Digital Services Act (DSA) regulation, represents one of the major digital initiatives of the European Union. Gradually applicable since May 2,...more

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