News & Analysis as of

Online Marketplace E-Commerce

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

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

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

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

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

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

Knobbe Martens

A Discussion With Amazon Counterfeit Crimes Unit’s Joe Wheatley: How Amazon Finds Bad Actors and Removes Counterfeit Products

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In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit searches the Amazon...more

K&L Gates LLP

Update - UAE Consumer Protection and E-Commerce Laws

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The United Arab Emirates (UAE) has emerged as one of the regional leaders in adopting and developing a robust information technology and internet infrastructure to accommodate the steep demand in e-commerce and digital...more

Davis Wright Tremaine LLP

Project W: Q&A with the Founders of WMarketplace

Kate Isler and Susan Gates met through a short-lived startup experience and discovered their shared passion for empowering women. They always knew they would build something together and that opportunity came during the...more

Gibney Anthony & Flaherty, LLP

Modified SHOP SAFE Act Introduced to Combat Anticounterfeiting

On September 28, 2023, Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act. This bill is being introduced in...more

Vinson & Elkins LLP

FTC “Prime” Time: Federal Trade Commission and Seventeen State Attorneys General File Antitrust Suit against Amazon for its...

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On September 26, 2023, the Federal Trade Commission (“FTC”) and a coalition of seventeen State Attorneys General filed a long-expected suit accusing Amazon of violating federal and state antitrust law. The 172-page complaint...more

Clark Hill PLC

What To Know About the New “INFORM Consumers Act”

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Over the past decade, counterfeit goods have become a persistent issue with respect to those involved in the e-commerce business. Counterfeit products, which can be sold as an identical copy or a cheap imitation that looks...more

Kohrman Jackson & Krantz LLP

Overcoming the First Sale Doctrine: Material Differences

Unauthorized Sellers are a growing and ubiquitous problem for brands selling their goods on eCommerce marketplaces, such as Amazon, eBay, and Walmart. Unauthorized resellers sell products without the brand’s authorization or...more

Benesch

In California, Written Consumer Warranties Can No Longer Commence Before Delivery

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On July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act (“Song-Beverly” or the “Act”) took effect, prohibiting express warranties for consumer goods sold in California from beginning before the date...more

Shumaker, Loop & Kendrick, LLP

Attention Online Retailers! The New INFORM Consumer Act is Now in Effect

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) took full effect. The INFORM Act aims to add more transparency to online transactions and to prevent...more

Hogan Lovells

INFORM Consumers Act - Guidance & Enforcement

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The INFORM Consumers Act (“INFORM Act”), which went into effect on June 27, 2023, is aimed at increasing the transparency of online marketplaces so that consumers can verify who they are purchasing goods from. The penalty for...more

McCarter & English, LLP

INFORM Consumers Act: Let the Sun Shine on the Online Marketplace

Are you facing the frustration (and cost) of playing whack-a-mole with counterfeit and infringing products on Amazon and other online marketplaces? If so, the newly enacted INFORM Consumers Act could be a major new tool in...more

McDermott Will & Emery

Congress Cracks Down on Sales of Stolen and Counterfeit Goods

The requirements of the INFORM Consumers Act went into effect on June 27, 2023. The following includes need-to-know information for sellers, businesses that serve as an online platform for third-party sellers and customers...more

Miller Nash LLP

The FTC Is INFORMing Businesses That It Plans to Enforce This E-commerce Act

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You may have missed it, but the Federal Trade Commission (FTC) hasn’t. On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Consumers Act) is live and...more

Winthrop & Weinstine, P.A.

INFORM Consumers Act Requirements

Retailers, manufacturers, and online marketplaces – are you ready to INFORM your customers?  On June 27, 2023, online marketplaces and “high-volume third party sellers” must comply with the new federal statute – the...more

Benesch

The INFORM Act Takes Effect Today - What that Means for Retailers

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Today, the hotly-debated and highly-anticipated Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (“INFORM Act”) finally takes effect....more

Morgan Lewis

No Leniency for Marketplaces Says FTC: INFORM Consumers Act Takes Effect June 27

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The Federal Trade Commission (FTC) has signaled its plans to move swiftly and vigorously against online marketplaces that are not compliance ready for the Integrity, Notification, and Fairness in Online Market Retail...more

Sheppard Mullin Richter & Hampton LLP

FTC Notifies Online Marketplaces of Obligations Under INFORM Act

On June 20, the FTC announced that it has sent letters to 50 online marketplaces nationwide notifying them about their obligations to comply with the new Integrity, Notification, and Fairness in Online Retail Marketplaces...more

Cozen O'Connor

It’s No Batman, but California Teams up to Stop Organized Retail Crime

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California AG Rob Bonta, along with brick-and-mortar retailers and online marketplaces, adopted an agreement aimed at combatting organized retail crime (ORC). The agreement explains that ORC has increased in California in...more

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