Insights on E-Commerce, Payments & Fulfillment

Based on recent federal court filings in the Central District of California, it appears that plaintiff lawyers have found a new way to threaten retailers with class action litigation.

The CRFA (2016) voids a contract if it prohibits or restricts an individual from reviewing a seller’s goods, services, or conduct.

Under a proposed EU regulation, online retail companies in Europe may no longer be able to use geo-tracking in online shopping.

The DOJ has finally acted on long-awaited website accessibility rules, though their approach was unexpected.

Last September, we published an alert warning retailers of a looming expansion in the reach of Title III of the Americans with Disabilities Act that would impose requirements on e-commerce websites to make themselves more accessible to users with a wide variety of disabilities.

On March 18, retailer Sears Holdings Corp. was hit with a $5.5 million lawsuit in Illinois’ Cook County Circuit Court by clothing company Sprockets Clothing Inc. (which is now known as SCI Apparel Inc.).

Costco Wholesale Corporation recently moved to dismiss a class action lawsuit alleging that the discount retailer printed more than the last five digits of a customer’s credit card number on her receipt, in violation of the Fair and Accurate Credit Transactions Act.

Amazon.com, Inc. recently moved for partial summary judgment in lawsuit brought by the FTC alleging the company unfairly billed users for “in-app purchases.”

As 2016 gets underway, companies should be mindful that regulators are paying close attention to automatic recurring debit transactions.

Wheelchair ramps and accessible parking spaces soon may not be enough for retailers to comply with the Americans with Disabilities Act (ADA).

Major US credit card associations including Visa, MasterCard, American Express, and Discover have set October 1, 2015, as the deadline for merchants to implement the Europay, MasterCard, and Visa (EMV) standards.

California’s Song-Beverly Credit Card Act does not prohibit retailers from collecting email addresses after a credit card transaction has been concluded, according to a recent ruling by a California appellate court.

On June 29, 2015, PayPal’s General Counsel released a blog post indicating that the company will be tweaking its proposed revisions to its User Agreement regarding PayPal’s ability to send its customers autodialed or prerecorded messages.

A California appeals court recently held in Ambers v. Beverages & More, Inc. that retailers are permitted under state law to request customers’ personal information when goods are purchased online but picked up in person.

Tinder, a mobile dating application, recently removed an advertising campaign being conducted on the app by Gap, Inc.

Focus Education, LLC, a leading provider in the growing market for cognitive improvement products, recently settled with the Federal Trade Commission (FTC) over charges that it was misleading consumers through the use of deceptive advertising tactics.

The Federal Trade Commission (FTC) released a report this week examining the privacy and security implications of the so-called “Internet of Things.”

FTC recently brought its first case under the 2010 Restore Online Shoppers’ Confidence Act 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.

The Federal Trade Commission (FTC) recently announced changes to the “Mail or Telephone Order Merchandise” Rule, or the Mail Order Rule, aimed at updating the Rule for the 21st century and easing the costs of compliance.

A recent lawsuit in Washington State suggests that so-called “crowdfunded” fundraising campaigns could be in for greater scrutiny from consumer protection regulators.

One of the world’s most consumer protective spam laws recently went into effect in Canada on July 1, 2014.

As part of the Federal Trade Commission’s (FTC) regular rule and guidelines review process, it recently reviewed the rule governing the “Use of Prenotification Negative Option Plans” (Negative Option Rule).

The Ninth Circuit has affirmed the dismissal of a putative class action against Redbox, holding that its ZIP code collection practices fall within an exception to California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).

FTC approved changes to Wool Rules for greater manufacturer and seller flexibility and in order to align with standards and textile labeling regulations.

With the proliferation of smart phones and other mobile devices, it has never been easier for brands and marketers to collect data about the habits and desires of their customers.