A recent state court decision in California could prove a major headache for online retailers that engage in comparative price advertising. Although the decision — People of the State of California v. Overstock.com — is not binding precedent and its future on appeal is far from clear, the decision suggests that retailers may be forced to adopt more rigorous internal standards when engaging in comparative price advertising.
E-Commerce, Online Distribution & Fulfillment
In a recent decision from the US Court of Appeals for the Ninth Circuit, Lee v. Intelius Inc., 9th Cir., No. 11-35810, 12/16/13, the Court held that an online consumer could not be compelled to arbitrate a class action because the essential elements of a contract were not present.
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