California’s Song-Beverly “Consumer Perception Test” in Jeopardy — Will...
On May 5, 2015, the Ninth Circuit certified for the California Supreme Court the issue of whether the Song-Beverly Credit Card Act (“the Act”) prohibits retailers from requesting a customer’s personal...
View ArticleIn-Store Monitoring: How to Enjoy the Benefits of Tracking While Minimizing...
In the latest example of the conflict between technological innovation and privacy concerns, the Federal Trade Commission (FTC) reached a settlement agreement last month with Nomi Technologies, Inc....
View ArticleOnline Retailers Increasingly at Risk of Website Accessibility Lawsuits
Given the lack of formal guidance on website accessibility under the Americans with Disabilities Act (ADA), “www” might as well stand for the “Wild, Wild, West.” Twenty-five years after ADA first...
View ArticleSponsored Social Media Posts Riskier than Ever
Five months after the Federal Trade Commission (FTC) issued updated guidance regarding paid endorsements, it is clearer than ever that it plans to take increasing action against retailers for...
View ArticleNo Storefront? No Problem: Deceptive Pricing Moves Online
More than three-dozen deceptive pricing cases have been filed in the last two years alone, with more suits being filed every week. These suits generally claim that the retailer deceives customers into...
View ArticleU.S. Supreme Court Ruling in Spokeo: How Will It Impact Data Breach Litigation?
The decision of the U.S. Supreme Court on May 16 to remand a case addressing whether a violation of a statutory right is sufficient to satisfy the “injury-in-fact” requirement for standing in federal...
View ArticleMICROS POS Systems Exposed By Malware Attack Which Targets Retail Merchants
MICROS, a point-of-sale (POS) payment systems vendor owned by Oracle, has suffered a malware attack according to security news site KrebsOnSecurity reported August 8, 2016. MICROS is one of the three...
View ArticleSovereign Immunity Shields Native America Tribes from Fair Credit Reporting...
In 2014, Jeremy Meyers used his credit card to make purchases at the Green Bay Oneida Travel Center and Oneida One Stop retail locations, owned and operated by the federally‐recognized Oneida Indian...
View ArticleJustices Eye Credit Card Surcharge Law And Free Speech
On September 29, 2016, the U.S. Supreme Court agreed to decide whether state bans on credit card surcharges violate retailers’ First Amendment rights, granting certiorari in Expressions Hair Design v....
View ArticleFTC Report Highlights Privacy Concerns and Best Practices for Cross-Device...
On January 23, 2017, the FTC released a Staff Report (the Report) on cross-device tracking, a commonly used practice that allows companies to associate multiple internet-based devices with the same...
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