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Retailers Class Action False Advertising

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

Benesch

Time to RE-act: The Washington Supreme Court’s New Email Subject Line Ruling Could Put Retailers on the Hook for Trillions

Benesch on

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

Benesch

#ClassAction: Influencer Marketing Class Actions are Trending

Benesch on

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

Kelley Drye & Warren LLP

Washington Supreme Court Expands Scope of Anti-Spam Law

Two years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales. For example, the complaint...more

Buchalter

#Ad – Annoyance or Necessary? The Rising Risk of Undisclosed Influencer Deals

Buchalter on

On April 11, 2025, a class-action lawsuit was filed accusing online fashion retailer Revolve Group Inc. of violating the Florida Deceptive and Unfair Trade Practices Act, the Consumers Legal Remedies Act, the Unfair...more

Kelley Drye & Warren LLP

Revolve Faces Class Action Over Influencer Posts

We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that...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

Clark Hill PLC

The Learned Concierge - May 2024, Vol. 8

Clark Hill PLC on

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

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023 - 3

The National Advertising Division (NAD) referred the website Smarter-Reviews.com (Smarter Reviews) to the Federal Trade Commission (FTC) on suspicion of publishing advertising disguised as editorial content because it lacks...more

Perkins Coie

Food Litigation Year in Review 2019 - A Look at Key Issues Facing Our Industry

Perkins Coie on

Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more

Benesch

Point Of Sale Newsletter - Q4 2019

Benesch on

Consumer activism and conscious consumerism are on the rise, with consumers expected to spend upwards of $150 billion on sustainable products by 2021 in the U.S. alone. Though consumers are willing to pay a premium for...more

Stinson LLP

CBD Industry Experiences Wave of New Consumer Lawsuits

Stinson LLP on

The cannabidiol (CBD) industry has been on the receiving end of over a half dozen new consumer class actions in recent weeks, which is likely only the beginning for the emerging industry....more

Robins Kaplan LLP

Financial Daily Dose 10.24.2019 | Top Story: Lawmakers Grill Zuckerberg on Libra and Political Ads

Robins Kaplan LLP on

We didn’t get flop sweat Zuck, but it was still a hot seat indeed for Facebook’s founder and CEO on the Hill yesterday, who fielded a wide range of questions from Libra to political freedom of expression on his platform....more

Akin Gump Strauss Hauer & Feld LLP

Podcast: False Advertising Claims and Consumer Class Actions

In this episode, Neal Marder, who heads Akin Gump’s consumer class action litigation practice from the firm’s Los Angeles office, discusses how false advertising claims are driving consumer class actions. Among the topics...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

BCLP

Beware of Phantom Price Markdowns: Ruling Against Hobby Lobby Highlights Risk

BCLP on

Over the past several years, there has been a rise in class action lawsuits against retailers for allegedly deceptive price comparison advertising. Many of these lawsuits have alleged that retailers advertised “phantom”...more

Hogan Lovells

Seller Beware: Advertising "On Sale" Pricing Can Lead to Legal Trouble

Hogan Lovells on

A wave of recent putative class action cases alleging violations of federal pricing guidelines and the consumer protection laws of various states is having a major impact on the retail sector. ...more

Rumberger | Kirk

Retailer Liability Under The Florida Unfair And Deceptive Trade Practices Act

Rumberger | Kirk on

Retailer Liability Under the Florida Unfair and Deceptive Trade Practices Act - Florida retailers have long been part of products liability litigation based on their position in the chain of distribution. But retailers now...more

Kilpatrick

5 Key Takeaways: Doing Business in California

Kilpatrick on

In the recent webinar, “Doing Business in California”, Kilpatrick Townsend partner Nancy Stagg provided an overview of the current California consumer class action and regulatory landscape for retailers and other consumer...more

Proskauer - Advertising Law

California Court Issues Surprising Decision in Discount Advertising Case

On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled...more

BCLP

Retailers Face False Advertising Cases on Discounts From Original Prices, Rewards Points

BCLP on

Retailers that advertise sale prices in comparison with regular prices in California should ensure that the products were actually offered for sale at those regular prices within the preceding three months, in order to avoid...more

BCLP

No Common Sense – Today’s Cost of Doing Business

BCLP on

What is a retailer to do? The world today is filled with people assuming they are being disrespected and believing they are being defrauded. It’s not just that some customers can be surly and demanding when they are in your...more

Stinson LLP

East Coast to the West Coast: Consumers Continue to File Deceptive Pricing Class Actions

Stinson LLP on

Earlier this year, consumers filed class action lawsuits against retailers Zulily and Burberry in federal court in New York alleging unfair and deceptive sales practices in connection with their respective marketing of...more

McGuireWoods LLP

Deceptive Pricing Class Actions Against Major Retailers on the Rise

McGuireWoods LLP on

Major retailers recently have faced a spate of class-action complaints alleging that they have engaged in misrepresentations and false advertising through the deceptive use of a marketing strategy known as “price anchoring,”...more

BakerHostetler

Class Certification of California Price Advertisement Case Gives Cause for Concern

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A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to...more

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