Over the past few months, a wave of new lawsuits has been filed in California state court against online retailers alleging violations of California’s Song-Beverly Credit Card Act, Cal. Civ. Code § 1747.08 (“Song-Beverly”)....more
8/16/2024
/ Apple ,
Credit Cards ,
Data Collection ,
E-Commerce ,
Email ,
Internet Retailers ,
Pending Litigation ,
Personal Data ,
Personally Identifiable Information ,
Retail Tracking ,
Retailers ,
Song-Beverly Credit Card Act
Since the enactment of California’s so-called “Junk Fee Ban,” S.B. 478 (more formally known as the “Honest Pricing Law” or the “Hidden Fees Statute”), Benesch has been fielding a wide range of questions from retailers and...more
5/14/2024
/ Compliance ,
Compliance Dates ,
Consumer Protection Laws ,
Damages ,
Disclosure Requirements ,
E-Commerce ,
Fees ,
Hidden Fees ,
New Guidance ,
Retailers ,
State Attorneys General
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using “pen register” and “trap and trace” software to...more
1/29/2024
/ Data Collection ,
E-Commerce ,
Electronic Communications ,
Internet Retailers ,
Invasion of Privacy ,
Privacy Laws ,
Retailers ,
Risk Mitigation ,
Software ,
Statutory Violations ,
Tracking Systems ,
Web Tracking
Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more
10/11/2023
/ Advertising ,
Amended Complaints ,
Behavioral Advertising ,
Case Consolidation ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Storage ,
Dismissals ,
E-Commerce ,
False Advertising ,
Google ,
Government Investigations ,
Intrusion Upon Seclusion ,
Invasion of Privacy ,
Location Data ,
Opt-Outs ,
Putative Class Actions ,
Right to Privacy ,
Settlement ,
State Attorneys General ,
State Constitutions ,
Stipulated Judgment ,
Unfair Competition Law (UCL) ,
Unjust Enrichment
On July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act (“Song-Beverly” or the “Act”) took effect, prohibiting express warranties for consumer goods sold in California from beginning before the date...more
7/21/2023
/ Actual Delivery ,
Amended Legislation ,
Consumer Product Companies ,
Contract Terms ,
Distributors ,
E-Commerce ,
Express Warranty ,
Indemnity ,
Manufacturers ,
Online Marketplace ,
Private Right of Action ,
Retailers ,
Warranties
Today, the hotly-debated and highly-anticipated Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (“INFORM Act”) finally takes effect....more