Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo

Advertising, Data Collection & Privacy

Arent Fox has developed for its fashion and luxury goods clients processes for the collection of customer data at store fronts and via the Internet. In this regard, we have assisted clients with the implementation of global privacy policies that allow for the transfer of customer and employee data across borders and for the use of that data for all types of purposes, from internal uses to marketing to data mining. On the advertising side, we review our clients’ advertisements for claims and comparisons. Our attorneys have also worked with our clients in global sweepstakes and contests to gather consumer data and promote their brand.

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BOGO? More Like ‘No Go’

FTC Brings First Case Under Federal Negative Option Law

What’s Making News?

The Federal Trade Commission (FTC) recently brought its first case under the Restore Online Shoppers’ Confidence Act (ROSCA), a 2010 federal law that prohibits online sellers from charging consumers in an Internet transaction unless the seller has clearly disclosed all material terms of the transaction and obtained consumers’ express informed consent.

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California Class Actions? Bass Pro Finds It’s Like Shootin’ Fish in a Barrel

What Happened?

The outdoor sporting goods company Bass Pro recently agreed to pay $6 million to settle claims that it violated California privacy laws. Specifically, Bass Pro faced a potential class action lawsuit over claims that it recorded telephone calls between consumers and the company’s customer service representatives without first obtaining the consumers’ consent.

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At Outlets, Consumers Say Deals are Too Good to Be True

A flurry of recent class action lawsuits is forcing clothing retailers to rethink their marketing tactics for outlet stores. In the last few months, lawsuits have been filed against a who’s who of major clothing retailers — The Gap, Banana Republic, Saks Fifth Avenue, Michael Kors, and Neiman Marcus — stemming from allegations that the companies are misleading consumers about the quality of merchandise sold in outlets.

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We’re Not Getting Any Younger: L’Oréal Settles FTC Charges Over Deceptive Anti-Aging Claims

What’s the News?

The Federal Trade Commission (FTC) recently settled with L’Oréal USA Inc. over charges that the company made deceptive claims regarding the benefits of two of its products. Specifically, L’Oréal claimed that its Génifique and Youth Code facial skincare products could combat the effects of aging by affecting the genes of anyone who used it. However, according to the FTC, such claims lacked adequate substantiation. Given the FTC’s allegations, L’Oréal has elected to settle the dispute and has agreed to a proposed consent order.

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High Profile Data Breaches Spur Legislative Action on Cyber Security

What’s Making News?

After a spate of high-profile data security breaches, many legislators, businesses, and consumers are asking what can be done to prevent such security lapses and who should be held responsible. The increased attention to data security has led to a flurry of recent activity in state legislatures and in Washington.

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Hands Off! Pending Fight Over Abandoned Gift Cards Heats Up

What Made News?

A group of merchants and restaurants, including Netflix Inc., California Pizza Kitchen Inc., and Ralph Lauren Corp., are fighting back in federal court against a Delaware lawsuit alleging that they have been withholding unclaimed gift card balances that are due to the state.

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Macy’s and Foot Locker Sued for Improper Collection of Customer Data

Last week, Macy’s and Foot Locker became the latest retailers to be forced to defend allegations that they illegally collect personal information from California shoppers. In two separate suits filed on the same day by the same attorneys, the class plaintiffs allege that customers at the two stores were required to disclose personal information in order to complete purchases with their credit cards.

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Being Labeled: FTC Amends Wool Products Labeling Rules

What Made News?

The Federal Trade Commission (FTC) has recently approved changes to its Wool Products Labeling Rules (Wool Rules) in order to allow wool manufacturers and sellers greater flexibility and bring the Wool Rules into line with the Wool Suit Fabric Labeling Fairness and International Standards Conforming Act, as well as the FTC’s textile labeling regulations.

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Major Retailers Sued for Point of Sale Devices Inaccessible to the Blind

What Made News?

Major retailers from Apple to Lucky Brand to J. Crew are being sued for violating the Americans with Disabilities Act (ADA) by failing to provide point of sale (POS) devices that are accessible to the blind.

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Urban Outfitters Faces Another Lawsuit for Collecting Customer ZIP Codes

What Made News?

Urban Outfitters is facing yet another putative class action lawsuit over its practice of collecting customers’ ZIP codes in connection with credit card purchases at its retail locations. Last June, Urban Outfitters faced a similar suit regarding this practice in its Urban Outfitters and Anthropologie stores. This time, Free People, an Urban Outfitters subsidiary, is the subject of the suit.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.