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Seyfarth Shaw LLP

European Accessibility Act Poses New Challenges for US Companies with Customers in the EU

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Disability advocates issue demands to retailers about their allegedly inaccessible websites shortly after the EAA takes effect....more

Falcon Rappaport & Berkman LLP

Navigating the Patchwork of State Consumer Privacy Statutes: An E-Commerce Compliance Playbook

Online retailers now face an increasingly complex matrix of state consumer-privacy statutes that impose prescriptive requirements on data collection, monetization, and cybersecurity practices. ...more

Morgan Lewis

Influencer Marketing Class Actions on the Rise: Common Themes & Key Takeaways

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A wave of class action lawsuits targeting influencer marketing practices has emerged in the first half of 2025, signaling what could be a popular trend in consumer class action litigation. With demands for substantial...more

Maynard Nexsen

CPPA Enforcement Action Against Retailer for Failing to Monitor Cookie Consent and Requiring Excessive Verification Information...

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On May 6, the California Privacy Protection Agency (CPPA) issued a decision requiring national clothing retailer Todd Snyder, Inc. to change its business practices and pay a $345,178 administrative fine....more

Perkins Coie

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

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Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

Husch Blackwell LLP

CPPA Announces New CCPA Enforcement Action

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Keypoint: In its second non-data broker enforcement action for violations of the CCPA, the California Privacy Protection Agency entered into a stipulated final order with a retailer for a $345,178 administrative fine and...more

BakerHostetler

Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

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Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more

Foley & Lardner LLP

What Every Multinational Company Should Know About … The Global and Reciprocal Tariffs Announcement

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On April 2, 2025, President Trump implemented the steepest American tariffs in over a century. The implications for numerous multinational companies — including importers, manufacturers, distributors, and retailers — will be...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Retail Workers Win Landmark Equal Pay Case

More than 3,500 workers have won a legal fight for equal pay against major UK retailer Next Retail Ltd. Following a six-year legal battle, the Employment Tribunal ruled that Next had failed to demonstrate that the lower basic...more

Fishman Haygood LLP

Concluding that Plaintiffs Had Pleaded Sufficient Facts to Hold Non-Manufacturing Retailer Liable, U.S. Fifth Circuit Reverses...

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A recent Congressional report identified the risk of toxic heavy metal contamination of various brands of commercial baby food. Palmquist v. Hain Celestial Group is one of the first of many cases pending nationwide seeking...more

BakerHostetler

Media Insights for In-House Counsel: Retail Media Networks

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As consumer habits evolve, new media channels emerge. Before the internet, brand media budgets were split between traditional media like print newspapers and magazines, radio, television, and out-of-home billboards....more

Proskauer Rose LLP

Retailer’s Status as a “Financial Institution” Immunizes $1 Billion Fraudulent Transfer

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When leveraged buyouts (“LBOs”) fail, the selling shareholders are litigation targets. A common suit is a claim by a bankruptcy trustee asserting constructive fraudulent transfer claims seeking to claw-back payments to the...more

Venable LLP

New York Court Dismisses Challenges to CVS’s Donation Checkout Program

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Customer donation programs work. Although consumer fatigue with answering round-up and add-a-dollar prompts is on the rise, these point-of-sale fundraising campaigns have become effective tools for nonprofits to fundraise and...more

McDermott Will & Schulte

Takeaways from a Recent COBRA Notice Class Action Settlement

Recent years have seen a barrage of class action lawsuits alleging that group health plan continuation coverage election notices, required under the Consolidated Omnibus Budget Reconciliation Act (COBRA), are deficient in one...more

Sheppard Mullin Richter & Hampton LLP

Negative Option Practices Under Increased Scrutiny in the US

Retailers and service providers with US business operations should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related...more

Foley & Lardner LLP

CPSC Provides More Guidance to Online Sellers & Retailers

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Last month, the Consumer Product Safety Commission (the “CPSC”), through its Small Business Ombudsman team (the “SBO Team”), published its safety guide for online sellers. The SBO Team is touting this new publication, the...more

Stikeman Elliott LLP

Home Depot Gets Nailed by Privacy Commissioner for Sharing Data with Meta

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Recent findings by the Office of the Privacy Commissioner of Canada (“OPC”) found that Home Depot of Canada Inc. (“Home Depot”) did not obtain valid meaningful consent to share summary purchase information with Meta Platforms...more

Littler

Los Angeles the Latest City to Adopt Fair Work Week Measures

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Los Angeles, California recently joined San Francisco and Emeryville, California; New York City; Philadelphia; Chicago; Seattle; Euless, Texas; and Oregon as jurisdictions that have enacted “fair workweek” legislation.  The...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Venable LLP

Supply Chain Surcharges? Plaintiffs Say You Better Not Conceal Them

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​​​​​​​Supply chain disruptions and accompanying inflation for raw materials have challenged many businesses. A recent case involving paint retailer Sherwin-Williams shows how not to deal with these challenges....more

Hogan Lovells

European Commission proposes new ground-breaking rules on product liability and AI civil liability

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With the aim of bringing product liability rules into the digital age, the European Commission proposes new rules to address liability claims relating to products, in particular AI systems, as well as issues related to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eyewear Virtual Try-On Tool Not Regulated by Illinois’ Biometric Information Privacy Act

​​​​​​​On September 8, 2022, an Illinois federal judge dismissed with prejudice a Biometric Information Privacy Act (Privacy Act or BIPA) class action against an online eyewear retailer over its virtual try-on (VTO) tool,...more

Wyrick Robbins Yates & Ponton LLP

Glow Up or Blow Up: Five Takeaways from the CCPA Enforcement Action Against Sephora

As we discussed last year, the California Attorney General’s Office (“OAG”) has been wielding its enforcement authority under the California Consumer Privacy Act since the law became enforceable in July 2020.  But for two...more

Seyfarth Shaw LLP

Second Circuit Blasts Mass-Produced, “Mad-Libs-Style” ADA Title III Complaints and Affirms Dismissal of Four Braille Gift Card...

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Second Circuit issues scathing decision directed at “mad lib”-style serial ADA Title III complaints, and affirms-on the basis of standing-the dismissal of four lawsuits alleging that retailers violated the ADA by not...more

BCLP

PFAS Update: Current State-by-State Consumer Products Regulations - March 2022

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Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more

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