Eyes on Ecom Law

Alabama Court of Appeals Rules In Favor of Scholastic Book Clubs

Brann & Isaacson partner David W. Bertoni, representing Scholastic Book Clubs, Inc., successfully argued to the Alabama Court of Civil Appeals that the company had no obligation to collect and remit use taxes in connection with its sales of children’s books and related items to teachers, homeschooling parents, and schoolchildren.  The decision, which affirmed a judgment...

Toxics In Packaging: Are You Protected?

As many direct marketers wrestle with the new Proposition 65 regulations (set to go into effect on August 30, 2018), there are other state laws relating to product safety as to which they should be aware.  We address here the nineteen (19) states that have enacted so-called “toxics in packaging” laws that regulate the presence...

Matthew Schaefer Discusses Post-Wayfair Landscape in Podcast

Partner Matthew Schaefer recently spoke with host Mike O’Brien of MultiChannel Merchant on the MCM CommerceChat podcast in a session assisting retailers in “Breaking Down the Aftermath of the Wayfair Decision.” Schaefer explained key aspects of the U.S. Supreme Court’s recent decision in South Dakota v. Wayfair, in which he took part as a member...

B&I Wins High-Profile Alabama Tax Dispute Over “Kill Quill” Rule

On June 14, 2018, the Alabama Tax Tribunal entered an Opinion and Final Order voiding a sales/use tax assessment issued against Newegg Inc. by the Alabama Department of Revenue under the Department’s economic nexus regulation, Ala. Admin. Code r. 810-6-2-.90.03. The regulation and Newegg’s appeal received considerable attention because the rule targeted of out-of-state retailers...

Proposition 65: Big Changes for Direct Marketers

Starting next summer, you’ll be required put Proposition 65 product safety warnings in your catalogs and on your websites near every affected product.

Crutchfield Files Court Challenge To Massachusetts “Economic Nexus” Regulation

On October 24, 2017, Crutchfield Corporation filed suit in the Circuit Court for Albemarle County, Virginia, against officials in the Massachusetts Department of Revenue, challenging the validity of Massachusetts’ new “economic nexus” regulation. Crutchfield, represented by George Isaacson, Martin Eisenstein, and Matthew Schaefer, asserts that the new rule violates the Commerce Clause of the United...

Class Actions: What Might Be On Your Horizon as a Direct Marketer?

Companies who have faced class action lawsuits, even (and maybe especially) frivolous ones, won’t soon forget the experience.  Just getting a case dismissed, or fending off class certification in the first place, can be extraordinarily costly and stressful.   The amounts at stake are often huge–with potential downsides of “per violation” penalties in the four...

South Carolina DOR Goes After Amazon Services For Unreported Sales/Use Tax On Third-Party Transactions

Companies that operate online marketplaces should be aware of a recent determination issued by the South Carolina Department of Revenue upholding an assessment of uncollected sales tax against Amazon Services LLC (“Amazon Services”)  the entity that operates the website at www.amazon.com (the “Amazon website”), through which sales are made by both Amazon affiliates and non-affiliated...

CAN-SPAM: Is the FTC Poised For Major Changes?

The FTC has asked interested parties to address a wide variety of questions concerning its CAN-SPAM rules, including whether the rules provide any benefits at all to consumers. Where might this lead?

Indiana “Economic Presence” Nexus Law Suspended Pending Litigation

On August 28, 2017, the Indiana Department of Revenue acknowledged that it has no authority to enforce Indiana’s new “economic presence” nexus statute (House Enrolled Act 1129) as a result of ongoing litigation regarding the law’s constitutionality now pending in state Superior Court in Indianapolis.  Under the new law, which took effect on July 1,...