Reference Prices: Are You at Risk?

/ 0 Comments

Reference prices advise consumers that they are getting a bargain. The California Court of Appeal, however, just upheld a $6.8 million penalty on the grounds that a company’s use of list prices and comparison prices constituted a deceptive trade practice.  Amazon is also apparently under investigation for its use of list prices.  If past is prologue, we...

Read More
separator

Former Prices: A Class Action Trap

/ 0 Comments

Do you promote “former prices” to underscore the bargains you’re offering?  If so, you should be on high alert.  Increasingly, lawyers are targeting these kinds of promotions for sweeping class action lawsuits.

Read More
separator

Substantial Nexus Under Siege: Industry Fights Back!

/ 0 Comments

Martin Eisenstein and David Bertoni have published their latest blog for members of the American Catalog Mailers Association:  The Industry Is Fighting Back.   The blog goes over each of the major battlefronts in the states’ multi-pronged effort to overturn the long-settled Commerce Clause rule of “substantial nexus,” which requires that companies have a physical presence...

Read More
separator

Quill: Rumors of Its Death Are Greatly Exaggerated

/ 0 Comments

In their latest Legal Corner blog for the American Catalog Marketing Association, partners Martin Eisenstein and David Bertoni report on the multi-front efforts by states to convince the public that Quill’s physical presence requirement is no longer good law or to attack it through burdensome notice and reporting obligations.  The blog updates direct marketers on...

Read More
separator

Oregon Following in Ohio’s Footsteps?

/ 0 Comments

Its being reported that the State of Oregon is considering enacting a tax modeled on Ohio’s infamous Commercial Activity Tax (the “Ohio CAT”).  “The plan,” according to reports, “would scrap Oregon’s corporate income tax system in favor of a 0.39 percent Commercial Activity Tax, or CAT, modeled after Ohio’s system. It would also cut taxes...

Read More
separator


Trans Pacific Partnership: No More “Made In the USA”?

/ 0 Comments

An essay in the Washington Times claims that that the Trans Pacific Partnership agreement (the “TPP”), if ratified by Congress, would ban labeling products with their country of origin.  According to writer Judson Phillips: Do you want to buy American? Forget about it. Under this deal, there can be no labeling to tell you a product is made in America....

Read More
separator

Arbitration Redux: Supreme Court Speaks Again

/ 0 Comments

Just seven days after my last blog post on arbitration clauses, the United States Supreme Court issued its decision in DIRECTV, Inc. v. Imburgia finding, yet again, that a class action waiver provision was enforceable against a consumer.  Although the decision turned on a rather nuanced question of contract interpretation, it serves as a powerful reminder of...

Read More
separator

Arbitration Clauses Under Attack, Again

/ 0 Comments

David W. Bertoni: On November 7, 2014, I wrote about the implications for direct marketers of the FTC’s case against AT&T for unfair and misleading trade practices.  (To bring you up to speed, since that time, the federal court rejected AT&T’s motion to dismiss claims based upon so-called “data throttling” on the grounds of its...

Read More
separator

B&I Lawyers Write About the Latest Developments in State Taxes For ACMA Members

/ 0 Comments

On December 1, 2015, Martin I. Eisenstein and David W. Bertoni published “Inside the See-Saw Of State Taxes,” the latest entry for their Legal Corner blog available only to members of the American Catalog Mailers Association.  In their blog post, the authors review the status of federal legislative efforts, including the Marketplace Fairness Act, the Remote Transactions Parity...

Read More
separator


Direct Marketing Association Oral Argument Update

/ 0 Comments

Oral argument in the case of Direct Marketing Association v. Brohl occurred on December 8, 2014.   For  readers who are following the case, we thought it would be useful not only to recap some of the high points of the argument, but also to provide a list of resources and press reactions.  Both a...

Read More
separator