News & Analysis as of

Unfair or Deceptive Trade Practices Surcharges

Benesch

Fee-Fallin’: Why “Tariff Fees” Are Not A Quick Fix to Offset New Costs

Benesch on

In the wake of the Trump administration’s newly-imposed tariffs, many retailers are facing significant unanticipated cost increases across their supply chains, from raw materials, to manufacturing, to transporting goods...more

Holland & Knight LLP

FTC Final Rule Targets Hidden Fees in Live-Event Ticketing and Short-Term Lodging

Holland & Knight LLP on

The Federal Trade Commission (FTC) has finalized its long-anticipated Rule on Unfair or Deceptive Fees (Final Rule), targeting hidden mandatory fees and ensuring transparent pricing disclosures to consumers. Unlike the Notice...more

Benesch

Pricing Litigation: Ten Years In

Benesch on

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

Venable LLP

Payment Processors: Are You Prepared to Uncover "Dark Patterns"?

Venable LLP on

Risk management personnel who underwrite e-commerce merchants should have some basic understanding of the types of online merchant marketing and sales practices that are deceptive and misleading....more

Venable LLP

Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them

Venable LLP on

​​​​​​​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

Proskauer - Minding Your Business

Good Cause for Surcharges

Almost a year into the business disruptions caused by the pandemic, businesses continue to find ways to adapt and to comply with new pricing restrictions. Some of these changes relate to additional costs that businesses may...more

Proskauer - Minding Your Business

“Covid Surcharges” – Fair Game, or a Price Increase by Another Name?

As businesses figure out how to be creative and continue to operate during the pandemic, some have turned to “Covid surcharges” to account for new or increased costs. “Surcharges” may seem more benign than direct price...more

Carlton Fields

Florida Court Peels Away Deceptive Label, Increasing Exposure in Class Actions

Carlton Fields on

A recent class certification opinion may increase the risk of exposure and liability in class actions for businesses that impose fees using specific labels. In Waste Pro USA v. Vision Construction Ent., Inc., a Florida...more

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