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K&L Gates LLP

No One Wants to Dispute with Consumers–End of the European Online Dispute Resolution Platform (ODR Platform)

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Under the Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes (ODR Regulation) traders established in the European Union (EU) who sell or offer products or services online to consumers residing in...more

Pillsbury - Internet & Social Media Law Blog

New EU Rule Requires Easy “Cancel Contract” Button for Online Sales

A recent update to EU consumer law will require many businesses selling online to offer a simpler, more accessible way for customers to cancel contracts within the standard 14-day cooling-off period....more

Orrick, Herrington & Sutcliffe LLP

Navigating the Accessibility Improvement Act: Germany's Implementation of the European Accessibility Act

On June 28, 2025 the Accessibility Improvement Act (Barrierefreiheitsstärkungsgesetz ("BFSG")), Germany's implementing act of the European Accessibility Act ("EAA"), will come into force, imposing a whole range of new...more

Rivkin Radler LLP

The SOS of Online Sales: Selling Online Safely

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Selling goods or services online can be a challenge, as there are various legal issues to consider. Here are my top 10 recommendations for protecting your rights when using the internet as a tool for sales or licenses: 1....more

Procopio, Cory, Hargreaves & Savitch LLP

Ninth Circuit Expands Specific Jurisdiction in E-Commerce: What Briskin v. Shopify Means for Online Businesses

The Ninth Circuit sitting en banc has greatly expanded the reach of personal jurisdiction by holding that e-commerce companies can be sued in any state where their platforms interact with users, even without differential...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit En Banc Reverses Panel Decision and Holds Non-Resident Corporation Providing Web-Based Payment Processing Platform...

In Briskin v. Shopify, Inc., No. 22-15815, 2025 U.S. App. LEXIS 9410 (9th Cir. Apr. 21, 2025), the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that the Canada-based company Shopify, Inc....more

Clark Hill PLC

Ninth Circuit expands specific jurisdiction for e-commerce platforms

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In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more

Jenner & Block

Ninth Circuit Considers Personal Jurisdiction Over Online Businesses

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In the age of e-commerce, many consumer class actions involve goods and services purchased online. Those online purchases have created legal challenges for determining when an online sale may subject a party to personal...more

K&L Gates LLP

Emma Sleep Hit Snooze on CMA’s Guidance and Got a Rude Awakening—a Warning for Online Traders to Check Their Sales Tactics Are...

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In the lead-up to Black Friday, online traders should take heed of the latest laws governing online pricing practices and displays to avoid being “marked down” by the regulators, who are flexing their muscles in this space....more

Cooley LLP

New California Law Requires Disclosures for Selling Online Digital Goods

Cooley LLP on

A new California law, AB 2426, will require any company offering to California consumers online-only digital goods – including a broad category of online media and content, such as games, video, audio, digital books and other...more

Vedder Price

E-Tailer Beware: The Seventh Circuit Clarifies the Framework for Enforceability of Digital E-Commerce Agreements

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Does your company have website terms of use, or e-commerce terms? If so, it’s important to know whether those terms are enforceable....more

Troutman Pepper Locke

EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions

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In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory...more

Ballard Spahr LLP

Is your direct-to-consumer company using “dark patterns” on its website?

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Navigating the virtual marketplace has become an integral part of the consumer experience in the digital age. Lurking behind the convenience and accessibility of e-commerce websites, however, lies a subtle yet pervasive...more

Fenwick & West LLP

Unveiling the Impact of Drip Pricing in Online Ticket Sales

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Drip pricing, the practice of revealing hidden fees after a consumer has begun the purchasing process, has come under scrutiny. The Federal Trade Commission has labeled it a dark pattern, and California has taken steps to...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

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

Seyfarth Shaw LLP

Ninth Circuit Opinion Supports Personal Jurisdiction Defense for Interactive Websites

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With so many companies being hauled into court in California based on claims that the functionalities on their website and use of service providers for marketing or analytics purposes violate consumer privacy rights, it is...more

Troutman Pepper Locke

Online Tracking Case Dismissed by Ninth Circuit Holding that Online Purchase Does Not Subject Web-Based Payment Processing...

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In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit was tasked with determining whether the alleged extracting and retaining of consumer data and tracking of customers using an online payment...more

Fenwick & West LLP

Ninth Circuit Limits Forum Shopping Against E-Commerce Platforms

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On November 29, 2023, a Ninth Circuit panel affirmed the lower court’s decision in Briskin v. Shopify, limiting the court’s jurisdictional reach against e-commerce platforms alleged to have violated privacy and unfair...more

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

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

Verrill

Help! My Social Media Influencer Caused a Riot

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The statistics speak for themselves: - Influencer marketing in the US is valued at over $16 billion. - 72% of Gen Z and Millennials follow influencers on social media. - 89% of marketers intend to increase influencer...more

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

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The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more

Kohrman Jackson & Krantz LLP

Amazon Prime’s Ongoing Battle Against Fake Reviews

E-commerce juggernaut Amazon continues to grapple with an issue that has plagued its platform—false reviews. Whether a false review is fabricated, biased, or does not genuinely reflect the experiences or opinions of...more

Stradling Yocca Carlson & Rauth

The “Dark Side” of Your Website Could Work Against You

Many e-commerce sites are still relying on “dark patterns,” and data privacy regulators have had enough. With the enforcement date of the California Privacy Rights Act fast approaching (July 1, 2023), it is high time that any...more

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