News & Analysis as of

Data Privacy Retailers

BCLP

New York's Sweeping Algorithmic Pricing Reforms - What Retailers Need to Know

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On May 9, 2025, New York signed into law the Algorithmic Pricing Disclosure Act – a first-of-its-kind law mandating businesses to disclose the use of algorithmic pricing based on personal data. ...more

ArentFox Schiff

From Cart to Court: New York Demands Algorithmic Price Transparency

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A typical tactic employed by retailers is to reduce the price of an item that has remained in a consumer’s shopping cart. This practice may now become illegal if those retailers fail to state, “THIS PRICE WAS SET BY AN...more

Mintz

What’s in Your Wallet: National Retail Federation Files Suit Against New York Algorithmic Pricing Law

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What is algorithmic pricing? The Canadian Competition Bureau broadly defines it as “the process of using automated algorithms to set or recommend prices for products of services, often in real time, based on a set of data...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

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FTC Sends Warning Letters Regarding Potential Noncompliance With “Made in USA” Requirements. On July 8, the FTC sent letters to a flagpole retailer, footwear maker, football equipment company, and personal care products...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

Fox Rothschild LLP

Using Facial Recognition? Regulators Expect Detailed Risk Assessments

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Following the Federal Trade Commission’s decision in December 2023 to ban Rite Aid from using AI facial recognition, it has become crystal clear that U.S. regulators expect a risk assessment when a retailer uses facial...more

Fisher Phillips

Federal Judge Denies CIPA Lawsuit’s Class Certification: 5 Key Takeaways for Businesses

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In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more

Venable LLP

Connecticut Signals an Increased Focus on Biometric Data Compliance

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In April, the Office of the Connecticut Attorney General (OAG) released an updated enforcement report under the Connecticut Data Privacy Act (CTDPA) to highlight privacy enforcement actions taken in 2024....more

Womble Bond Dickinson

[Hybrid Event] 2025 Arizona Last Chance CLE - June 25th, Phoenix, AZ

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Don't let the June 30th deadline sneak up on you! Ensure you meet your MCLE requirements with our all-day CLE event. This year’s Last Chance CLE offers a diverse array of engaging sessions covering key topics and recent legal...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

Benesch

Navigating the Fine Print: Ninth Circuit Tightens Scrutiny on Digital Arbitration Agreements

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A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...more

Clark Hill PLC

The Growing Cybersecurity Risks in the Cannabis Industry

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Those familiar with the industry know that cannabis retailers find themselves in a unique position compared to other product retailers. Cannabis retailers face significant regulatory hurdles to their operation—particularly in...more

ArentFox Schiff

The Top 10 Legal Issues for CFOs and GCs of Fashion and Retail Companies

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In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas...more

Clark Hill PLC

The Learned Concierge - December 2024, Vol. 15

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Fisher Phillips

Workplace Law Forecast 2025 - Your workplace law recap for 2024 and predictions for 2025 to help you prepare for the coming year.

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As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more

Clark Hill PLC

The Learned Concierge - May 2024, Vol. 8

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Womble Bond Dickinson

[Webinar] Innovation Interchange Summit: The Power Of Cross-Industry Insight - May 16th, 11:00 am - 4:00 pm ET

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Powerful ideas emerge when you look at something through a completely different lens. And when two parties come together to share those unique perspectives? That’s when the magic happens. Womble Bond Dickinson’s virtual...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

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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 illegally...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

Rothwell, Figg, Ernst & Manbeck, P.C.

Why Privacy And Trade Secret Law Are On A Collision Course

Can privacy law and trade secret law coexist, or is compliance with both impossible? We are experiencing the fourth industrial revolution, driven by the rise in data and connectivity, analytics and artificial intelligence....more

Cozen O'Connor

AGs Discuss Everything from AI to Organized Retail Crime at AG Alliance Annual Meeting

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The Attorney General Alliance (AGA) held its Annual Meeting last week in California, which brought AGs and AG staff from 32 states and territories together with the legal and business communities to discuss a wide range of...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

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

DarrowEverett LLP

Apply Foundation To Your Privacy Policy Before You Become The Next Sephora

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On August 24, 2022, the California Attorney General released a statement regarding a settlement agreement that the State of California reached with Sephora, Inc. (“Sephora”), the international consumer product retailer...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

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