A national leader in privacy law, California was among the first states to include an express right to privacy in its constitution, create a data breach notification law, and codify robust consumer data protections. ...more
6/11/2025
/ California Consumer Privacy Act (CCPA) ,
CIPA ,
Class Action ,
Criminal Code ,
Data Collection ,
Litigation Strategies ,
Penal Code ,
Personal Data ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
Retailers ,
State Privacy Laws ,
Web Tracking ,
Wiretapping
On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),...more
5/12/2025
/ Class Action ,
Commercial Electronic Messages ,
Consumer Protection Laws ,
Email ,
False Advertising ,
Marketing ,
Penalties ,
Retailers ,
Statutory Penalties ,
Statutory Violations ,
WA Supreme Court
Class actions alleging deceptive influencer marketing practices are going viral. These new lawsuits, naming both companies and affiliated influencers as defendants, mark the advent of a new era of enforcement in the...more
In the wake of the Trump administration’s newly-imposed tariffs, many retailers are facing significant unanticipated cost increases across their supply chains, from raw materials, to manufacturing, to transporting goods...more
Fashion-related environmental legislation is, well, in fashion. And, as with many consumer-related issues, California continues to be a trendsetter....more
2/19/2025
/ Due Diligence ,
Environmental Assessments ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Fashion Industry ,
Greenhouse Gas Emissions ,
New Legislation ,
Reporting Requirements ,
Retailers ,
Supply Chain ,
Sustainability ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
It’s time to revisit automatic renewal compliance. With California amending its Automatic Renewal Law ("ARL") on September 24, 2024, and the Federal Trade Commission (“FTC”) finalizing its “Click-to-Cancel” Rule (“FTC Final...more
12/19/2024
/ Amended Legislation ,
Auto-Renewal ,
Cancellation Rights ,
Consent ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Final Rules ,
Retailers ,
Subscription Services ,
Unfair Competition
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
For many months, Joe Biden has been leading the so-called war on junk fees, a campaign to restrict surcharges spanning across industries - from airline seating upcharges, to hotel resort fees, to extra service charges tacked...more
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 illegally...more
2/1/2024
/ Cookies ,
Data Collection ,
Data Privacy ,
Electronic Communications ,
Internet Retailers ,
Invasion of Privacy ,
Prior Express Consent ,
Privacy Laws ,
Retail Tracking ,
Retailers ,
SaaS ,
State Privacy Laws ,
Technology ,
Web Tracking ,
Websites ,
Wiretapping
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
Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more
1/22/2024
/ Advertising ,
Antitrust Provisions ,
Arbitration ,
Class Action ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Fees ,
Online Travel Vendors ,
Pricing ,
Resale Pricing ,
Retailers ,
Surcharges ,
Unfair or Deceptive Trade Practices ,
Web Tracking
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