News & Analysis as of

Retailers Class Action Corporate Counsel

McDermott Will & Emery

Takeaways from a Recent COBRA Notice Class Action Settlement

Recent years have seen a barrage of class action lawsuits alleging that group health plan continuation coverage election notices, required under the Consolidated Omnibus Budget Reconciliation Act (COBRA), are deficient in one...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

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

Eyewear Virtual Try-On Tool Not Regulated by Illinois’ Biometric Information Privacy Act

​​​​​​​On September 8, 2022, an Illinois federal judge dismissed with prejudice a Biometric Information Privacy Act (Privacy Act or BIPA) class action against an online eyewear retailer over its virtual try-on (VTO) tool,...more

Jackson Lewis P.C.

2,000 COVID-19-Related Employment Lawsuits Filed In The U.S.: An Analysis Of The Data And Trends

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On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark. Although it took eight months to reach the first 1,000 complaints (March–November 2020), it...more

Morrison & Foerster LLP

Court Finds For Retailers In Denying Motion To Dismiss In COVID-19 Damages Suit Against Insurer

On April 27, 2020, five Missouri retailers filed a putative class action suit against their insurance provider, The Cincinnati Insurance Company, for breach of contract relating to the insurer’s denial of coverage under the...more

Epstein Becker & Green

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA...

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For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more

Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

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Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Bilzin Sumberg

Will the Eleventh Circuit Fall in Line with its Sister Circuits in Interpreting Spokeo’s Standing Requirements in FACTA Cases?

Bilzin Sumberg on

If you are a typical shopper, the last thing on your mind at the checkout counter is your printed credit card receipt.  As you juggle your grocery store bags, you might absentmindedly fold the receipt into your wallet, or...more

Manatt, Phelps & Phillips, LLP

Just Pay It: Ninth Circuit Moves Exit Inspection Suit Against Nike Forward

Exit inspections conducted as retail employees of Nike leave the store may need to be compensated, the U.S. Court of Appeals for the Ninth Circuit determined in a class action, applying the California Supreme Court’s recent...more

Ballard Spahr LLP

Court Ruling in Saks Data Breach Case Illustrates That Threshold for Article III Standing Is Low

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For years, plaintiffs in data breach class actions have argued that the threshold for Article III standing is low – and increasingly courts are accepting that argument....more

Proskauer - Advertising Law

Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds

The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements. Kamal v. J. Crew...more

Ballard Spahr LLP

Third Circuit: FACTA Class Plaintiff Lacked Concrete Injury Required for Standing Under Spokeo

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In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more

Carlton Fields

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

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As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Carlton Fields

Electronic Wage Statements — The Next Trap For Employers?

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An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff’s bar is increasingly focused on the adequacy of electronic wage...more

Seyfarth Shaw LLP

Nike Prevails On Bag Check Case

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Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to...more

Fisher Phillips

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

Fisher Phillips on

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

BakerHostetler

‘Excessive’ Shipping Fees May Be Next Target of Consumer Class Actions

BakerHostetler on

Retailers offering online, telephone or catalog purchases may want to review the shipping fees charged to their customers in the wake of several class actions recently filed in California. Multiple retailers have been hit...more

Proskauer - Advertising Law

California Court Issues Surprising Decision in Discount Advertising Case

On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled...more

Troutman Pepper

December 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Goulston & Storrs PC

FACTA Check: Credit and Debit Receipts Can Show Injury-in-Fact

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In a series of recent decisions that have important implications for retailers, large and small, federal courts have allowed consumer class actions to proceed against businesses for violation of the Fair and Accurate Credit...more

BCLP

Receipt With Credit Card Data Constitutes Sufficient Injury for Class Action to Proceed

BCLP on

A recent federal court ruling allows a class action lawsuit to proceed against luxury fashion retailer Jimmy Choo for violating the Fair and Accurate Credit Transactions Act of 2003 (FACTA). This ruling, which will likely be...more

Stinson LLP

East Coast to the West Coast: Consumers Continue to File Deceptive Pricing Class Actions

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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

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

Attorneys General From Nine States Cooperate on Predictable Scheduling Inquiries of Retailers

As we previously reported, “predictive scheduling” is one of the most closely watched issues by retailers today. In April 2015, New York State Attorney General Eric T. Schneiderman garnered national news headlines when he...more

Robinson+Cole Data Privacy + Security Insider

Data breach class action dismissed against SuperValu for lack of standing

Last week, a Minnesota court ruled that a consolidated class action filed against SuperValu retail chain failed to assert any harm, finding that while SuperValu did suffer two data breaches, the class’s claims of possible...more

Snell & Wilmer

Did the 7th Circuit Just Ease the Way for Consumer Data Breach Lawsuits?

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On July 20, 2015, a federal appeals court in Chicago issued what could be a watershed ruling in favor of consumers pursuing class action lawsuits against retailers and other companies following data breaches that involve the...more

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