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

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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...

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Direct Marketing Association Oral Argument Update

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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...

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Colorado’s Amazon Law: US Supreme Court Weighs In

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On Monday, December 8, 2014, the United States Supreme Court will take up an important case for multichannel retailers.  It will hear argument in Direct Marketing Association, Inc. v. Brohl, a case brought to challenge a Colorado law that sought to impose notice and reporting obligations on out-of-state retailers only, including the annual filing of...

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ROSCA: The Restore Online Shoppers’ Confidence Act

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As we head into the holiday and then the most intense shopping days of the year, we want to wish everyone a safe and happy Thanksgiving.  It’s a last chance to rest and indulge before the “all hands on deck” holiday retailing season. But, we’d be remiss if we didn’t take this time — just...

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FTC Takes Aim at AT&T: Lessons For Multichannel Marketers

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On October 28, 2014, the FTC announced that it was suing AT&T on the claim that AT&T misled “millions of its smartphone customers by charging them for ‘unlimited’ data plans while reducing their data speeds, in some cases by nearly 90 percent.”  Just 20 days earlier, it announced a $105 million settlement with AT&T over...

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Retroactively Speaking: Michigan Imposes Over $1 Billion In New Income Taxes Going Back to 2008

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The battle over income apportionment just took dramatic turn in Michigan, and the stakes could not be higher.  In July, the Supreme Court of Michigan ruled that IBM had a right to use a 3-factor apportionment formula for its 2008 tax year, despite the state’s insistence that the company was required to use a sales-factor...

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FTC Nabs Non-Children’s Businesses In Children’s Privacy Snare

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With its announcement of a settlement with Yelp, Inc. on September 17, 2014, the United States Federal Trade Commission, a consumer watchdog agency, sent word to the public of an aggressive enforcement initiative under the Children’s Online Privacy Protection Act (“COPPA”), with a special focus on mobile devices.  In its press release, the FTC urged...

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Buffalo Bills Alleged Over-Texting Results in Multi-Million Dollar Settlement.

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The National Football League’s Buffalo Bills, no strangers to disappointment on the field, are now a cautionary tale for mobile marketers. Last week, a federal judge in the Middle District of Florida approved a class settlement agreement over alleged violations of the Telephone Consumer Protection Act (“TCPA” 47 U.S.C. §227, et seq.), stemming from text messages sent...

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Danger on the Horizon: Gift Card Companies and Unclaimed Property Laws

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There are approximately twenty states that require issuers and holders of gift cards to pay to their state treasury the balances of any unredeemed gift cards, which is otherwise known as “breakage.” (For purposes of this article, I refer to gift cards in the broad sense, including gift certificates, gift cards, and stored value cards)....

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The Year In Review

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As the year draws to a close, it’s worth looking back over a range of important legal developments in the world of electronic commerce, a number of which set the stage for fireworks in the months and years ahead. Wishing all of our readers a wonderful holiday season, and the best and brightest New Year,...

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