News & Analysis as of

Kohls

WilmerHale

Web Trackers Pose New Regulatory, Legal Headaches for Companies

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Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. Gone are the days where marketing...more

Womble Bond Dickinson

Court Finds Do-Not-Call Rules Apply to Marketing Text Messages

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While an ongoing FCC rulemaking is seeking comment on whether the FCC should clarify that TCPA’s Do-No-Call rules apply to text messages as they do to voice calls, a federal court has weighed-in with its view that...more

International Lawyers Network

Don’t Be Bamboozled by Environmental Benefit Claims

$5.5 Million FTC Settlements for Bamboo Textile and Environmental Benefit Claims Under Penalty Offense Authority - The FTC recently announced that it has reached a $2.5 million settlement with Kohl’s and a $3 million...more

Cozen O'Connor

South Dakota AG Impeached | NFL Hit Hard by Regulators | AGs Call for End to Overdraft Fees

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: AGs Call Foul on NFL Gender Discrimination;...more

Ervin Cohen & Jessup LLP

FTC Seeks $5.5 Million Penalties for Deceptive Environmental Claims

On April 8, 2022, the Federal Trade Commission (“FTC”) announced that it was using its Penalty Offense Authority to seek a $5.5 million penalty for deceptive environmental claims against Kohl’s, Inc. ($2.5 million) and...more

Cozen O'Connor

FTC Wields Penalty Offense Authority Against Walmart and Kohls Over Environmental Claims

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In two parallel Stipulated Orders, the FTC has reached settlements with retailers Walmart Inc. and Kohl’s Inc. to resolve allegations that both companies violated the FTC Act, the Textile Fiber Products Identification Act,...more

Hudson Cook, LLP

FTC Brings First Enforcement Action Alleging Failure to Provide Documentation of Identity Theft to Victims

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On June 10, 2020, Kohl's Department Stores settled claims brought by the Federal Trade Commission alleging that the retailer violated the Fair Credit Reporting Act by refusing to provide victims of identity theft with...more

Womble Bond Dickinson

Kohl’s Settles with FTC in FCRA Action Regarding Records of Fraudulent Transactions

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Kohl’s Department Stores Inc. settled Federal Trade Commission claims that it violated the Fair Credit Reporting Act (FCRA) by failing to provide required application and business transaction records to consumers who were...more

Robins Kaplan LLP

Financial Daily Dose 3.31.2020 | Top Story: US retail giants furlough hundreds of thousands of workers as locations remain closed

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Macy’s announced on Monday that it will furlough most of its nearly 130,000 workers (at its Macy’s, Bloomingdale’s, and Bluemercury retail locations) starting this week as its stores remained shuttered due to the pandemic....more

Robins Kaplan LLP

Financial Daily Dose 11.20.2019 | Top Story: Utility PG&E Struggles with Fires and Path Out of Bankruptcy

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PG&E’s woes continue. Not only is the company still in the midst of a dangerous fire season, but it’s struggling to find a path out of bankruptcy while fending off a growing chorus of cities and state officials “threatening...more

Kilpatrick

Ninth Circuit – a UCL plaintiff must prove “value received” when purchased product has some value

Kilpatrick on

In a recent unpublished opinion, a panel of the Ninth Circuit Court of Appeals reinforced the principle that obtaining restitution for violation of California’s major consumer protection statutes can be a near impossible...more

A&O Shearman

Seventh Circuit Affirms Dismissal With Prejudice Of Putative Class Action Alleging Misleading Statements Concerning Accounting...

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On July 12, 2018, the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a putative class action brought against Kohl’s Corporation and certain of its executives asserting claims pursuant to...more

Morrison & Foerster LLP

Virginia Supreme Court Confirms that the Department’s Interpretation is Entitled to No Weight

The Virginia Supreme Court granted the Company’s petition for rehearing and confirmed that the Department of Revenue’s interpretations that are not contained in regulations are entitled to no weight. ...more

Burr & Forman

New Jersey Court Holds Text Revocation Must Follow Directions

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Viggiano v. Kohls Department Stores, Civ. Action No. 17-0243-BRM-TJB, (D.N.J. Nov. 27, 2017) - Plaintiff filed a class actioTexn TCPA lawsuit placing at issue automated text message allegedly sent by Defendant after...more

Mintz

Monthly TCPA Digest - January 2018

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This edition of our Monthly TCPA Digest focuses on following opt-out instructions and potential ramifications when a plaintiff fails to properly or reasonably do so. Rulings from U.S. District Courts in New Jersey and...more

Manatt, Phelps & Phillips, LLP

Court Finds Revocation of Consent Unreasonable, Tosses Suit

Taking a stand on the revocation of consent, a New Jersey federal court judge rejected a plaintiff’s argument that she had reasonably conveyed her desire to be removed from a text message marketing list....more

Dorsey & Whitney LLP

Court Bends Every Procedural Rule to Grant Dismissal to Kohl’s in “Opt-Out Evader” TCPA Text Suit –Blesses Contractual Revocation...

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One of the most annoying inhabitants of TCPA land is the Opt-Out Evader. This fellow or lady tries to set up TCPA lawsuits by texting phrases s/he knows will not be recognized by text service providers. Rather than simply...more

Morrison & Foerster LLP

Virginia Supreme Court Rules on Subject-to-Tax Safe Harbor to the Royalty Addback

In a 4-3 decision, the Virginia Supreme Court held that the subject-to-tax safe harbor to the royalty addback was ambiguous and applies only to the extent that the royalties are actually taxed by another state. In addition,...more

McDermott Will & Emery

While Virginia Supreme Court Holds “Subject-To-Tax” Means “Actually Taxed,” Determination of “Actually Taxed” is Relatively Broad...

On August 31, 2017, in a 4-3 split decision, the Virginia Supreme Court (Court) affirmed a circuit court’s ruling that in order for income to qualify for the “subject-to-tax” exception to its addback statute, the income must...more

Eversheds Sutherland (US) LLP

Virginia Supreme Court Limits Corporate Income Tax Addback Exception

On August 31, 2017, the Virginia Supreme Court issued its opinion holding that only the portion of royalties that are actually taxed by another state falls within its “subject to tax” exception to Virginia’s addback statute...more

Manatt, Phelps & Phillips, LLP

Finding No Injury, First Circuit Tosses Deceptive Pricing Suits

In affirming the dismissal of a pair of deceptive-pricing class actions, the U.S. Court of Appeals, First Circuit, said the plaintiffs failed to demonstrate that they suffered any injury. In separate cases—one against...more

Pierce Atwood LLP

When you get what you pay for: the First Circuit examines the injury requirement under Massachusetts chapter 93A.

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On July 26th, the First Circuit issued rulings in putative consumer class actions brought by the same attorney against two national department store chains, challenging their allegedly deceptive use of comparative pricing on...more

A&O Shearman

Eastern District Of Wisconsin Dismisses Securities Fraud Allegations Based On Accounting Errors For Failure To Sufficiently Plead...

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On July 20, 2017, Judge J.P. Stadtmueller of the United States District Court for the Eastern District of Wisconsin dismissed claims brought by shareholders of Kohl’s Corporation (“Kohl’s”) against the company and two of its...more

Carlton Fields

District Court Denies Certification of Nationwide Class, Finding Individual Retail Stores’ Alleged Failures to Follow Internal...

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An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2)...more

Manatt, Phelps & Phillips, LLP

Advertising Law - April 2016 #4

Study Finds Low Compliance for Native Advertising - According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising guidelines. ...more

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