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Retailers Consumer Privacy Rights

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

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

Fisher Phillips

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

Fisher Phillips on

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

Kelley Drye & Warren LLP

California Privacy Agency Continues Enforcement Spree with Todd Snyder Settlement

On May 6, the California Privacy Protection Agency (CPPA) announced a settlement with Todd Snyder, Inc. over allegations that the men’s retail brand violated CCPA rules on submission and fulfillment of privacy rights...more

Clark Hill PLC

A view from California: Privacy Agency enforcement, CCPA rulemaking and CIPA reform

Clark Hill PLC on

There is never a boring moment in California privacy law, and these past weeks have been no exception. From major modifications to proposed California Consumer Protection Act (CCPA) rulemaking on automated decision-making...more

Benesch

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

Benesch on

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 Learned Concierge - December 2024, Vol. 15

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

Clark Hill PLC

The Learned Concierge - September 2024, Vol. 12

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

Clark Hill PLC

The Learned Concierge - February 2024, Vol. 5

Clark Hill PLC on

Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. Labor and Employment - Final Rule: Employee or Independent Contractor Classification Under the Fair Labor...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

Proskauer on Privacy

Message Sent! California Attorney General Announces $1.2 Million CCPA Settlement with Retailer and Its Focus on the Sale of...

Proskauer on Privacy on

On August 24, 2022, California Attorney General (AG) Rob Bonta announced a settlement with beauty products retailer, Sephora USA, Inc. (“Sephora”), resolving claims that Sephora violated the California Consumer Privacy Act...more

WilmerHale

CA AG Announces First Public CCPA Enforcement Decision

WilmerHale on

On August 24, 2022, California Attorney General Rob Bonta (“CA AG”) announced a $1.2 million settlement with Sephora, Inc. (“Sephora”), marking the first announced enforcement action under the California Consumer Privacy Act...more

Robinson+Cole Data Privacy + Security Insider

Sephora Settles with California AG for CCPA Violations over Sale of Data

In the first of its kind under the California Consumer Privacy Act (CCPA), Sephora settled an enforcement action with the California Attorney General for violation of the CCPA. Sephora must pay $1.2 million in penalties and...more

Jackson Lewis P.C.

NYC Creates BIPA-Like Requirements For Retail, Hospitality Businesses Concerning Biometric Information Collected From Customers

Jackson Lewis P.C. on

Effective July 9, 2021, certain retail and hospitality businesses that collect and use “biometric identifier information” from customers will need to post conspicuous notices near all customer entrances to their facilities. ...more

BCLP

Has the retail industry adopted the “Do Not Sell My Personal Information” link?

BCLP on

Yes and no. While the majority of retailers include a “Do Not Sell My Personal Information” link on their homepage or in their privacy notice, 38.89% do not....more

BCLP

Have retailers disclosed whether they “sell” personal information?

BCLP on

Most have, but some have not. While the majority of retailers within the Fortune 500 affirmatively state that they do not sell personal information, a small minority have been silent, or unclear, about their selling...more

BCLP

Have retailers complied with the requirement that companies disclose their collection and sharing by “enumerated category”?

BCLP on

Yes and no.  While almost all retailers within the Fortune 500 disclose their collection of personal information by the “enumerated categories” within the CCPA, only 61.11% disclosed what information they share using the...more

BCLP

Survey of the Retail Industry’s Privacy Practices - December 2019

BCLP on

With the enactment of the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act ("CCPA”), retailers have been forced to cope with a shifting privacy landscape that impacts the data that...more

Benesch

Point Of Sale Newsletter - October 2019

Benesch on

California may be a lot of things, but business-friendly is generally not one of them. Case in point, the California Consumer Privacy Act (“CCPA”) will take effect on January 1, 2020. A series of recent potential amendments...more

BCLP

CCPA Privacy FAQs: Is a business required to delete loyalty program information if it receives a deletion request from an inactive...

BCLP on

Typically no. Loyalty programs are typically permitted to deny a deletion request from an active member as information that was collected about the member from third party sources is outside the scope of the deletion right...more

BCLP

CCPA Loyalty Club FAQ: Is a Retailer Required to Delete Information Concerning a Loyalty Member?

BCLP on

Typically no. Loyalty programs can be, and are, structured in a variety of different ways.  Some programs track dollars spent by a consumer, others track products purchased.  Some programs are free to participate in,...more

BCLP

Stop the CCPA Fearmongering: Retailer Loyalty Programs Will Survive

BCLP on

Anytime a new statute or regulation comes along, some law firms unfortunately flag issues that may not be of true concern to companies, or highlight problems that may not, in fact, exist. Unfortunately, that continues to...more

ArentFox Schiff

Consumer Protection In The New Economy: Privacy Cases In E-Commerce Transactions or Social Media Activities

ArentFox Schiff on

As we face mounting data breaches and fears over loss of privacy, the article notes that, “as the public opinion evolves and increasingly concludes that merely possessing private data puts consumers at risk, consumers may...more

Fox Rothschild LLP

CISO White Paper On CCPA Compliance Guides Cybersecurity Leaders In Retail And Hospitality

Fox Rothschild LLP on

CISO members of the Retail & Hospitality Information Sharing and Analysis Center (RH-ISAC) published a white paper to help cybersecurity leaders in retail and hospitality prepare for compliance with the California Consumer...more

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