2016
Unclaimed Property Dispute in Supreme Court May Impact Retailers
Nathaniel Bessey / 0 CommentsWe have written previously about various issues relating to state unclaimed property (here, here, and here). This term, the Supreme Court is set to decide a case that may have a significant impact on companies’ obligations under these laws. As background, unclaimed property law has its roots in the doctrine of “escheat,” a term dating...
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Tennessee Expands Data Breach Reporting Obligations
Nathaniel Bessey / 0 CommentsAmendments to Tennessee’s Data Breach Notification law will take effect July 1, 2016. The amendments, passed into law as H.B. 1631, and signed into law by Governor Bill Haslam earlier this spring, significantly tighten the notification requirements with respect to personal data regarding Tennessee Residents. 47 states, as well as the District of Columbia, have...
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Uncertainty looms for EU-US data transfers, despite announcement of deal
Nathaniel Bessey / 0 CommentsThe European Court of Justice made headlines this fall when it struck down the 15-year old “Safe Harbor” agreement that had permitted the transfer of personal data between the E.U. and companies in the U.S. On February 2, 2016, representative of the European Commission and the United States announced an agreement to replace Safe Harbor...
Read More2015
Web Sites Targeted For Disabilities Law Compliance
Nathaniel Bessey / 0 CommentsAs Internet commerce continues to grow, retailers are increasingly facing allegations that their websites are inaccessible to individuals with disabilities, including those with hearing and visual impairments. The legal landscape in this area remains unsettled, and retailers awaiting formal guidance from the Department of Justice have been frustrated by lengthy delays in issuing a promised...
Read More2014
New Jersey Legislature Considers “Do Not Mail” Law
Nathaniel Bessey / 0 CommentsThe holiday season is upon us and for many readers of this blog – direct marketers and consumers alike – holiday season is catalog season. If a state legislator from Cape May, NJ has his way, however, retailers may soon need to take extra precautions when mailing to residents of the Garden State. Earlier this...
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FTC Updates Mail Order Rule for Internet Age
Nathaniel Bessey / 0 CommentsFor decades, direct marketers have been subject to the Federal Trade Commission’s Mail Order Merchandise Rule, 16 C.F.R. 435, sometimes referred to informally as the “30 Day Rule.” Generally speaking, the Rule prohibits sellers from soliciting mail, Internet or telephone order sales unless they have a reasonable expectation that they will be able to ship...
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Challenged Settlement Highlights Risk of Consumer Class Actions
Nathaniel Bessey / 0 CommentsThe Seventh Circuit Court of Appeals recently heard oral argument on a challenge to a proposed class settlement in the case of Michael Rosman v. Radio Shack Corporation. The lawsuit alleged that Radio Shack had violated the Fair and Accurate Credit Transactions Act (“FACT”), 15 U.S.C. §1681c(g), by printing the expiration date of the customer’s...
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