News & Analysis as of

Retailers Privacy Policy

Baker Botts L.L.P.

California Privacy Protection Agency Enters Stipulated Final Order Regarding DSAR Process

Baker Botts L.L.P. on

On May 1, 2025, the California Privacy Protection Agency (CPPA) issued a Stipulated Final Order against Todd Snyder, Inc., (Snyder) a national retailer of men’s clothing and accessories, for multiple violations of the...more

Troutman Pepper Locke

Arbitration Clause Rendered Illusory and Unenforceable by Unilateral Amendment Clause, Says Virginia Federal District Court

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In a recent decision, the U.S. District Court for the Eastern District of Virginia denied a retailer’s motion to compel individual arbitration of a claim brought in a putative class action lawsuit. The complaint alleges that...more

ArentFox Schiff

INFORM Consumer Act Sets New Requirements for Online Marketplaces

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The sale of stolen, counterfeit or dangerous consumer products through online marketplaces is receiving attention from legislators. The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act...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

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

Lerman Senter PLLC

FCC Requires Consumer Broadband Labels for ISPs

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The FCC will require fixed and mobile internet service providers (ISPs) to prominently display information about their internet service access plans in the form of consumer labels that resemble food nutrition labels. The...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

Katten Muchin Rosenman LLP

Latest Retailer Tech Trends Go Beyond Cookies to Include The Fast-Growing Metaverse - Published by Kattison Avenue/Katten Kattwalk...

Throughout the pandemic, retailers had to act swiftly to adapt to stay-at-home orders and social distancing guidelines. This meant making the most of the technologies available and experimenting with new technologies — both...more

Proskauer - New Media & Technology

Thoughtful Presentations of Terms of Use Crucial for Enforceability

Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more

BCLP

January 2020: Survey of the Retail Industry’s Privacy Practices

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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

Bass, Berry & Sims PLC

Privacy Perils: Black Friday Blues

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With the holiday season fast-approaching, thrifty shoppers across the country will soon be looking to spend (and save) their hard-earned money during what is arguably the busiest shopping weekend of the year, spanning Black...more

Robins Kaplan LLP

Financial Daily Dose 11.26.2019 | Top Story: Viagogo buys ticket reseller from StubHub for $4 billion

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The merger craze keeps on keeping on, with news that Ebay’s selling secondary ticket marketplace StubHub to Viagogo, a smaller rival with a strong presence in Europe helmed by StubHub’s co-founder Eric Baker, for more than $4...more

BCLP

Retailers Should Consider Whether Behavioral Advertising Is Sale of Information Under CCPA

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The California Consumer Privacy Act (“CCPA”) was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

Fisher Phillips

A Step-By-Step Guide To Terminating Employees For Theft (Part One)

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There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016,...more

Sheppard Mullin Richter & Hampton LLP

Privacy Hat Trick: Three New State Laws to Juggle

Nevada, Oregon and New Jersey recently passed laws focusing on the collection of consumer information, serving as a reminder for advertisers, retailers, publishers and data collectors to keep up-to-date, accurate and...more

Womble Bond Dickinson

Ultrasonic Cross-Device Tracking: A Consumer Management Tool with FTC Warnings

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A consumer’s television or computer may be emitting silent signals that her smartphone can hear, recognize and answer back, but the consumer can’t sense them at all. These signals are telling retailers about their customer’s...more

BCLP

Disclose and Follow Standards for Collection and Sharing of Customers’ Online Behavioral Data

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Many retailers engage in behavioral advertising, which refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two...more

Robinson+Cole Data Privacy + Security Insider

Weekly Privacy Tip #3 – Know how apps are accessing and using your constant location

Everyone loves their smartphone. Everyone loves the newest app. Angry Birds has lots of company now. But most people don’t know the back end of apps and how they are accessing, using and selling your data. Why? Because no one...more

Robinson+Cole Data Privacy + Security Insider

Internet of Things Framework introduced by the Online Trust Alliance for our connected world

On August 11, 2015, the Online Trust Alliance (OTA) released an Internet of Things (IoT) Trust Framework (“the Framework”), which presents guidelines for IoT manufacturers, developers, and retailers. The Framework was...more

Perkins Coie

FTC Ramps Up Scrutiny of Retail Location Analytics

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To improve customer experience and understand customers’ movements and interactions on their premises, retailers, hotels and other brick-and-mortar businesses increasingly use signals from mobile devices to observe their...more

Kelley Drye & Warren LLP

FTC Settles with Retail Tracking Company that Made Privacy Policy Promises It Couldn’t Keep

Last week, the Federal Trade Commission announced its first settlement with a retail tracking company, resolving allegations that Nomi Technologies, Inc., a micro-location platform that provides analytics services to...more

Ballard Spahr LLP

FTC Announces Settlement with Retail Tracking Company

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The Federal Trade Commission recently announced a proposed settlement with a retail tracking company to resolve charges that the company’s privacy policy misled consumers about their ability to opt out of the company’s...more

WilmerHale

FTC Finalizes First Privacy Settlement Against a Retail Tracking Firm

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In a first-of-its-kind enforcement action, the Federal Trade Commission (FTC) on Thursday voted along party lines to settle deception allegations against Nomi Technologies (Nomi), a company whose technology allows retailers...more

Foley Hoag LLP - Security, Privacy and the...

Five Tips to Help Companies Protect Themselves from Data Breaches

With every swipe of a credit card this holiday season, consumers put their faith in the companies that process and store their information. Yet, it is no secret that data breaches are on the rise, hitting companies large and...more

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