Class Arbitration and Other Risks: Are You Protected?

/ 0 Comments

More companies, large and small, are including arbitration clauses in their consumer agreements, including clauses that seek to bar class arbitration.  Such clauses may be easier said than done, and there remain traps for the unwary.

Read More
separator

Plain Meaning: Conservative Judges Reining In the FTC?

/ 0 Comments

In recent decisions analyzing the plain meaning of the FTC Act, two federal district courts have held that the FTC cannot file suit under § 53(b) of the Act where the alleged misconduct has ceased.  If upheld on appeal, the impact of these cases could be extraordinary.

Read More
separator

Autodialers: Ninth Circuit (Again) Opens Class Action Floodgates

/ 0 Comments

Businesses who market by text or telemarketing beware.  On September 20, 2018, the Ninth Circuit adopted the most radical and expansive definition of what constitute autodialers for purposes of liability in the Telephone Consumer Protection Act (“TCPA”).  This startling interpretation of the TCPA, which could make even smartphones autodialers, is a potent reminder that, in...

Read More
separator

Proposition 65: Compliance Issues

/ 0 Comments

As of August 30, 2018, big changes went into effect for Proposition 65.  These changes include new warning obligations for Internet and catalog sellers, a limited “safe harbor” for certain retailers, and a great deal of ambiguity and uncertainty.  There are two issues we are seeing again and again, and which are worth special attention.

Read More
separator

Alabama Court of Appeals Rules In Favor of Scholastic Book Clubs

/ 0 Comments

Brann & Isaacson partner David W. Bertoni, representing Scholastic Book Clubs, Inc., successfully argued to the Alabama Court of Civil Appeals that the company had no obligation to collect and remit use taxes in connection with its sales of children’s books and related items to teachers, homeschooling parents, and schoolchildren.  The decision, which affirmed a judgment...

Read More
separator

Toxics In Packaging: Are You Protected?

/ 0 Comments

As many direct marketers wrestle with the new Proposition 65 regulations (set to go into effect on August 30, 2018), there are other state laws relating to product safety as to which they should be aware.  We address here the nineteen (19) states that have enacted so-called “toxics in packaging” laws that regulate the presence...

Read More
separator

Proposition 65: Big Changes for Direct Marketers

/ 2 Comments

Starting next summer, you’ll be required put Proposition 65 product safety warnings in your catalogs and on your websites near every affected product.

Read More
separator

Class Actions: What Might Be On Your Horizon as a Direct Marketer?

/ 0 Comments

Companies who have faced class action lawsuits, even (and maybe especially) frivolous ones, won’t soon forget the experience.  Just getting a case dismissed, or fending off class certification in the first place, can be extraordinarily costly and stressful.   The amounts at stake are often huge–with potential downsides of “per violation” penalties in the four...

Read More
separator

CAN-SPAM: Is the FTC Poised For Major Changes?

/ 0 Comments

The FTC has asked interested parties to address a wide variety of questions concerning its CAN-SPAM rules, including whether the rules provide any benefits at all to consumers. Where might this lead?

Read More
separator

Spokeo Speaks — Again

/ 0 Comments

In Robins v. Spokeo, Inc., the U.S. Court of Appeals for Ninth Circuit has again allowed a case to go forward on a gossamer thread of alleged “harm,” despite the U.S. Supreme Court’s admonition that concrete harm must alleged.

Read More
separator