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

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...

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

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)....

The Year In Review

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,...

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

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...

California Ups the Ante On Privacy Policy Disclosures

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...

Traps For the Unwary Under the Consumer Product Safety Act: Children’s Products

Nestled in the morass known as the Consumer Product Safety Act (as amended by the dubiously titled Consumer Product Safety Improvement Act of 2008 and further amended in 2011) are provisions that can wreak havoc for businesses that manage, understandably, to overlook them. What was once a rather straightforward reporting and recall system involving a...

Report, Recall, or Both: Do You Know Your Obligations Under the Consumer Product Safety Act?

Manufacturers, importers, distributors, and retailers of consumer products have a legal obligation to report hazardous or dangerous products to the Consumer Product Safety Commission (“CPSC”).  Failing to do so may result not only in large civil penalties, but also criminal prosecution.  But, there are many common myths and misconceptions about this reporting requirement and how...

The Summer of Privacy: With the Government Under Fire, Retailers May Overlook New Rules and Risks

This may one day be known as the Summer of Privacy. From claims that the NSA surreptitiously obtains cellphone (and GPS) information from at least 100,000,000 Americans to the Supreme Court blessing routine collection of DNA evidence from arrestees, it is impossible to avoid almost daily stories on governmental privacy issues. But, don’t be fooled by...

Meditations On the Consumer Class Action: Statutory Penalties

To know the consumer class action is to fear it. Any online marketer or other retailer that has gone through a class action lawsuit – even if it prevails in the end – no doubt has scars and legal bills to show for it. Because the stakes are so high, even winning a class action...

Beyond California and Massachusetts: Will Collecting Zip Codes Invite Class Actions Across the United States?

Although California and Massachusetts have stolen the spotlight with high profile cases banning zip code collection in connection with credit card purchases, thirteen other states and the District of Columbia have similar laws. With voracious class action attorneys circling, it is critical for retailers to know their legal obligations in these jurisdictions and, if necessary,...