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Troutman Pepper

Seventh Circuit Provides “How To” Successfully Present Consumer Arbitration Agreements

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A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more

Wyrick Robbins Yates & Ponton LLP

Same Old Song and Dance: The Song-Beverly Credit Card Act of 1971 is Plaintiffs’ Latest Tool to Target Pixels and Other Online...

The plaintiffs’ bar has added a new tool to its arsenal to target cookies, pixels, and similar online tracking tools and the businesses that use them: the California Song-Beverly Credit Card Act of 1971 (“Act”). This...more

Kelley Drye & Warren LLP

Staying INFORMED: Updates Regarding State INFORM Acts

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) went into effect. As we have previously written, the INFORM Act aims to deter criminals from selling...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Enforcement in Online Marketplaces

Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more

Benesch

Oldies but Not Goodies - Plaintiffs Put New Digital Spin on Song-Beverly

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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

Womble Bond Dickinson

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

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The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more

Holland & Knight LLP

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

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In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more

Womble Bond Dickinson

Online Retailers Face Lawsuits for IP Address Collection During Transactions Under The Song Beverly Act

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In the latest iteration of privacy claims, California plaintiffs have begun filing lawsuits against online retailers using online tracking technologies to collect IP addresses under a new theory—plaintiffs allege such...more

Mandelbaum Barrett PC

The Digital Business Legal Guide: Key Legal Considerations

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Have you ever considered the number of legal challenges that come with running a business in the digital era? Forbes predicts that the global e-commerce will surpass $6 trillion in 2024, meaning that there is no shortage of...more

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Cozen O'Connor

Arkansas AG Alleges Temu Uses E-Commerce App for Unlawful Data Access

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Arkansas AG Tim Griffin has filed a lawsuit against PDD Holdings Inc. and WhaleCo Inc., d/b/a Temu, alleging that Temu’s popular online shopping app operates as malware that is designed to gain unauthorized access to users’...more

Hinckley Allen

3 Real Estate Considerations for the New Hybrid Model of Retail

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Once thought to herald the demise of brick and mortar stores, online shopping is proving to be a critical element in the revival of the in-person retail shopping experience. The advent of online shopping forced a substantial...more

BakerHostetler

The ‘New-Look’ Song-Beverly Credit Card Act: Web-Tracker Edition

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The California Song-Beverly Credit Card Act (the “Act”) – an act intended to protect the personal privacy of individuals during credit card transactions – may very well become the new trend in California privacy litigation. ...more

Troutman Pepper

PACT Act Basics: 5 Things Tobacco Sellers and Shippers Should Know

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The Prevent All Cigarette Trafficking (PACT) Act, 15 U.S.C. § 375 et seq., is a federal law with two primary objectives: (1) to prevent federal and state tax evasion on tobacco products, and (2) to prevent sales of tobacco...more

Husch Blackwell LLP

Privacy Litigation Alert: Two California decisions weigh in on pen registry and “tap and trace” tech claims – but reach different...

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Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more

Jones Day

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

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In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more

Benesch

Update to Customs Test Program for Low-Value Imports

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New changes went into effect today for a testing program for low-value imports which have gained great significance with the rise of cross-border e-commerce. U.S. Customs and Border Protection (“CBP”) published these changes...more

Awatif Mohammad Shoqi Advocates & Legal...

The E-Commerce Law in the UAE: Navigating the Regulatory Landscape

The UAE has embraced the digital era with the enactment of Federal Decree-Law No. 14/2023 on Trading by Modern Technological Means. This innovative law aims to regulate and reorganize e-commerce activities, fostering a...more

Benesch

Old Law, New Tricks: Pen Register and Trap and Trace Claims on the Rise

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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

Knobbe Martens

A Discussion With Amazon Counterfeit Crimes Unit’s Joe Wheatley: How Amazon Finds Bad Actors and Removes Counterfeit Products

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In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit searches the Amazon...more

K&L Gates LLP

Update - UAE Consumer Protection and E-Commerce Laws

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The United Arab Emirates (UAE) has emerged as one of the regional leaders in adopting and developing a robust information technology and internet infrastructure to accommodate the steep demand in e-commerce and digital...more

Hogan Lovells

2023 Annual Retail and Fashion Holiday Guide

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Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide. The Hogan Lovells Retail and Fashion team is delighted to bring you our...more

Hogan Lovells

CJEU confirms the limitations of MS’ powers to regulate online services providers based in other MS

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On 9 November 2023, the Court of Justice of the European Union has rendered a landmark decision which reiterates the ‘country-of-origin principle’ and paves the way for more legal certainty for providers of information...more

Davis Wright Tremaine LLP

Project W: Q&A with the Founders of WMarketplace

Kate Isler and Susan Gates met through a short-lived startup experience and discovered their shared passion for empowering women. They always knew they would build something together and that opportunity came during the...more

Allen Barron, Inc.

Do You Have to Pay Taxes When Selling Goods or Services Online?

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We are often asked if one has to pay taxes when selling goods or services online.  That question became even more relevant this week when the IRS postponed the new “$600 Rule.” This is a particular relief for those wo receive...more

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