Bertoni and Nuzzi Publish Article, Will Host Webinar On California Prop. 65 Changes

/ 1 Comments

Partners David Bertoni and Daniel Nuzzi highlight key changes to California’s Proposition 65 that will go into effect on August 30, 2018, in their newly published article, “Are You Ready for the Fast–Approaching Prop 65 Amendments?” The article discusses critical changes to labeling requirements, warning responsibilities, and the law’s safe–harbor provision that will go into...

Read More
separator

Proposition 65: Big Changes for Direct Marketers

/ 2 Comments

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

Read More
separator

Reference Prices: Are You at Risk?

/ 0 Comments

Reference prices advise consumers that they are getting a bargain. The California Court of Appeal, however, just upheld a $6.8 million penalty on the grounds that a company’s use of list prices and comparison prices constituted a deceptive trade practice.  Amazon is also apparently under investigation for its use of list prices.  If past is prologue, we...

Read More
separator

Former Prices: A Class Action Trap

/ 0 Comments

Do you promote “former prices” to underscore the bargains you’re offering?  If so, you should be on high alert.  Increasingly, lawyers are targeting these kinds of promotions for sweeping class action lawsuits.

Read More
separator

Arbitration Redux: Supreme Court Speaks Again

/ 0 Comments

Just seven days after my last blog post on arbitration clauses, the United States Supreme Court issued its decision in DIRECTV, Inc. v. Imburgia finding, yet again, that a class action waiver provision was enforceable against a consumer.  Although the decision turned on a rather nuanced question of contract interpretation, it serves as a powerful reminder of...

Read More
separator

Arbitration Clauses Under Attack, Again

/ 0 Comments

David W. Bertoni: On November 7, 2014, I wrote about the implications for direct marketers of the FTC’s case against AT&T for unfair and misleading trade practices.  (To bring you up to speed, since that time, the federal court rejected AT&T’s motion to dismiss claims based upon so-called “data throttling” on the grounds of its...

Read More
separator