News & Analysis as of

Unfair or Deceptive Trade Practices Retailers

Troutman Pepper

Arbitration Clause Rendered Illusory and Unenforceable by Unilateral Amendment Clause, Says Virginia Federal District Court

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In a recent decision, the U.S. District Court for the Eastern District of Virginia denied a retailer’s motion to compel individual arbitration of a claim brought in a putative class action lawsuit. The complaint alleges that...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

Alston & Bird

FTC and DOJ Host First Public Meeting of the Strike Force on Unfair and Illegal Pricing

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At its first public meeting, the federal interagency Strike Force on Unfair and Illegal Pricing signaled a priority of lowering U.S. retail prices. Our Antitrust Team highlights what businesses should know going forward....more

Cozen O'Connor

The State AG Report – 7.25.2024

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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 Submit Comments Opposing Rescheduling...more

Benesch

Pricing Litigation: Ten Years In

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Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more

WilmerHale

FTC Announces Groundbreaking Action Against Rite Aid for Unfair Use of AI

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On December 19, 2023, the Federal Trade Commission (FTC) announced an enforcement action against  the retail pharmacy Rite Aid for unfair practices associated with its use of a facial recognition technology (FRT) surveillance...more

Cozen O'Connor

AG Tong Takes a Hit at Sellers of Illegal, High-THC Marijuana Products

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Connecticut AG William Tong filed enforcement actions against three cannabis wholesalers and four cannabis retailers operating in the state, alleging that they are unlawfully selling potent, high-THC cannabis products, in...more

Troutman Pepper

Washington AG Ordered to Pay $4.3M in Attorney’s Fees and Costs to Thrift Store Chain

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On October 17, following Washington Attorney General (AG) Bob Ferguson’s unsuccessful consumer protection action against thrift store chain, Savers Value Village Inc. (Savers), the Washington Superior Court of King County...more

Williams Mullen

North Carolina Considering ABC Bills During 2023 Legislative Session

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Updated April 26, 2023 to add the new ABC Law Omnibus Bill, HB 870.   The North Carolina General Assembly is considering several alcohol bills this session which, if enacted, would modernize North Carolina ABC laws. The...more

Sheppard Mullin Richter & Hampton LLP

FTC Increases Scrutiny of Negative Option Marketing

Retailers and service providers should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions,...more

Troutman Pepper

Attorneys General Enforce Lemon Laws and Penalize Puppy Mills

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The American Veterinary Medical Association estimates that over 65% of US households own a pet. Puppies are a particularly popular choice. But sometimes, after a puppy comes home to its new family, it might appear lethargic...more

Orrick, Herrington & Sutcliffe LLP

Managing Legal Risk in Marketing and Advertising: 5 Things Companies Should Know

Most companies follow a few key rules to market their offerings: Advertisements should be truthful and should not mislead consumers. Advertisements and the products being marketed should not harm consumers. Advertisers...more

Venable LLP

Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them

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​​​​​​​Supply chain disruptions and accompanying inflation for raw materials have challenged many businesses. A recent case involving paint retailer Sherwin-Williams shows how not to deal with these challenges....more

BakerHostetler

AD-ttorneys@law - June 2022 #2

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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

Hogan Lovells

FTC Issues Preemptive Notices of Penalty Offenses to Advertisers

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On October 13 the US Federal Trade Commission (FTC) sent “Notice of Penalty Offenses” to more than 700 large retailers, advertisers and consumer product companies describing endorsement practices that the FTC has found...more

Cozen O'Connor

FTC Sends a Flurry of Notices of Penalty Offenses, Warns of Steep Penalties for Unfair and Deceptive Business Practices

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The Federal Trade Commission (“FTC”) recently sent Notices of Penalty Offenses (“Notices”) to more than 700 businesses, including consumer products companies, retailers and retail platforms, and advertising agencies, warning...more

Saul Ewing LLP

Is It The Chicken Or The Egg When It Comes To Alleged Violations of Consumer Protection Laws?

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On April 23, Texas Attorney General Ken Paxton accused the country’s largest egg producer, which sells brands like Egg-Land’s Best and Land O’ Lakes, of raising the price of a dozen eggs by 300%. See Texas v. Cal-Maine Foods...more

McDermott Will & Emery

Price Gouging in the Crosshairs During COVID-19

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In the midst of the Coronavirus (COVID-19) pandemic, states are closely monitoring companies’ pricing of personal protective equipment, food and other essential supplies. This On the Subject offers an overview of state price...more

Proskauer - Minding Your Business

Florida Man Fined For… Price Gouging?

In the past month, Florida’s Attorney General has received thousands of complaints about price gouging across the state. As a result, Florida is taking action...more

Proskauer - Minding Your Business

The House Targets Price Gouging, Again

Even though states are leading the way on price gouging enforcement, recent action in Congress may lead to overlapping federal government enforcement. Recent Congressional letters, statements, and proposed bills show a...more

Hogan Lovells

The holiday shopping rush is here – Eight things retailers need to know this season

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As the saying goes, it's the most wonderful time of the year – but it is also the busiest time for retailers. As merchants seek to cash in on the holiday shopping rush, we are noticing trends that have potentially significant...more

ArentFox Schiff

Mind the Gap: Retail Pricing Remains Hot Topic in Class Action Litigation

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The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores. The plaintiffs claimed that the company, which...more

Foley Hoag LLP - Energy & Climate Counsel

Preserve Retail Competition

Proposals to eliminate competition in retail electric supply to consumers are in the air. A consultant to the Massachusetts attorney general has just published an update to a report of last year asserting that retail...more

Cozen O'Connor

The State AG Report Weekly Update June 2019 #2

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Antitrust- 10 Attorneys General Sue to Enjoin Merger of Major Wireless Phone Companies- 10 AGs, led by New York AG Letitia James and California AG Xavier Becerra, filed a lawsuit to enjoin T-Mobile US, Inc. and its parent...more

Ballard Spahr LLP

CFPB and NYAG settle lawsuit alleging federal and state law violations in connection with merchant’s store credit cards

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The CFPB and New York Attorney General have agreed to a settlement with Sterling Jewelers Inc. of a lawsuit they filed jointly in a New York federal district court alleging federal and state law violations in connection with...more

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