Colorado’s Amazon Law: US Supreme Court Weighs In

/ 0 Comments

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...

Read More
separator

ROSCA: The Restore Online Shoppers’ Confidence Act

/ 0 Comments

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...

Read More
separator

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

/ 0 Comments

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...

Read More
separator

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

/ 0 Comments

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...

Read More
separator

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

/ 0 Comments

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...

Read More
separator

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

/ 0 Comments

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...

Read More
separator

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

/ 0 Comments

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)....

Read More
separator

The Year In Review

/ 0 Comments

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,...

Read More
separator

Song Beverly Strikes Again: Email Address Collection Added to Potentially Worrisome Activity

/ 0 Comments

As we’ve previously blogged, retailers who sell products to consumers in California and Massachusetts, as well as a number of other states, run the risk of costly class action lawsuits if they collect customer zip codes in connection with purchase of goods by credit card. The prohibitions in those states, as we’ve explained, often go...

Read More
separator

California Ups the Ante On Privacy Policy Disclosures

/ 0 Comments

For the past decade, California law has set the template for commercial website privacy policies. With the passage of a new law, set to take effect January 1, 2014, the state has updated the disclosures required of any commercial website operator who collects personally identifiable information from California residents. California’s Online Privacy Protection Act. In...

Read More
separator