News & Analysis as of

Retailers Unfair or Deceptive Trade Practices

Kelley Drye & Warren LLP

FTC Warns Manufacturers and Retailers About Made in USA Claims

As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

Wiley Rein LLP on

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

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Retail Brand

Troutman Pepper Locke on

Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of...more

Troutman Amin LLP

FAST FASHION FAST FILING: Fashion Nova Hit With TCPA DNC Class Action Over Memorial Day Text Messages And it Happens Just That...

Troutman Amin LLP on

2025 has been the Year of the TCPA Class Action with filings more than doubling from last year. And for those wondering how fast a TCPA class action can turn up, one need only ask Fashion Nova. Fashion Nova, which Wikipedia...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

Benesch

Fee-Fallin’: Why “Tariff Fees” Are Not A Quick Fix to Offset New Costs

Benesch on

In the wake of the Trump administration’s newly-imposed tariffs, many retailers are facing significant unanticipated cost increases across their supply chains, from raw materials, to manufacturing, to transporting goods...more

Vicente LLP

Nebraska Hemp Enforcement Update: Delta-9 THC Crackdown Targets Retailers

Vicente LLP on

Last month, Nebraska Attorney General Mike Hilgers escalated the state’s hemp enforcement efforts by issuing cease-and-desist letters to more than 100 retail locations in the Omaha metro area. Joint investigations conducted...more

Fox Rothschild LLP

After Competitor’s Challenge, Nad Recommends Dreo’s Discontinuance Of Claims Of Being The No. 1 Fan And Heater Brand

Fox Rothschild LLP on

Lasko Products, LLC (“Lasko”) and the Hesung Innovation Corp./DREO Limited (“DREO”) are competitors, both specializing in the fan and heater market. Recently, Lasko filed a Fast-Track SWIFT challenge with the National...more

Barnea Jaffa Lande & Co.

Israel Steps Up Enforcement on Retail Price Marking Violations

The Ministry of the Economy’s wide-scale enforcement campaign launched last weekend in branches of supermarket chains throughout the country, found violations of the obligation to mark prices in all of the branches that were...more

Kelley Drye & Warren LLP

AGs Ask Congress to Take Further Action on ORC

If you have been following our blogs, it should be no surprise that the Attorneys General remain focused on combatting Organized Retail Crime (ORC) using available state and federal tools....more

McGuireWoods LLP

Behind the Counter: Nitrous Oxide Requires Responsible Regulation, Continues to Show Risk

McGuireWoods LLP on

Across the United States, nitrous oxide (N2O), also known as laughing gas or nitrous, continues to be sold in convenience stores, gas stations and other easy-to-access locations with limited national enforcement. N2O serves a...more

BakerHostetler

Complying with the Mail Order Rule and Satisfaction Guarantees: Poor Customer Service Can Cost Millions

BakerHostetler on

Well, the holidays and big holiday shopping season are behind us, but now we have all of the January clearance sales and upcoming Valentine’s Day shopping. American consumerism rarely takes a rest....more

Venable LLP

More States Consider Age Restrictions for Certain Weight Loss or Muscle-Building Products

Venable LLP on

On January 8, 2025, a bill prohibiting the sale of certain dietary supplements for weight loss and muscle building and other products to minors was formally introduced to the Virginia House of Delegates (House Bill No. 1585...more

Wilson Sonsini Goodrich & Rosati

FTC Files Consumer Protection Complaint Against GOAT

On December 2, 2024, the Federal Trade Commission (FTC) announced it had filed a complaint against GOAT, an online retailer of sneakers, apparel, and accessories. In the complaint, the FTC alleged, among other things, that...more

Pierce Atwood LLP

Five Common Legal Pitfalls for Sales Promotions: Avoiding Costly Mistakes

Pierce Atwood LLP on

Now that we’ve entered the holiday season, retailers everywhere are ramping up their promotions, offering discounts, special sales, and even “free” items. But in the frenzy to capture consumers’ attention and generate...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Womble Bond Dickinson

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

Womble Bond Dickinson on

The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more

Alston & Bird

FTC and DOJ Host First Public Meeting of the Strike Force on Unfair and Illegal Pricing

Alston & Bird on

At its first public meeting, the federal interagency Strike Force on Unfair and Illegal Pricing signaled a priority of lowering U.S. retail prices. Our Antitrust Team highlights what businesses should know going forward....more

Cozen O'Connor

The State AG Report – 7.25.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican AGs Submit Comments Opposing Rescheduling...more

Benesch

Pricing Litigation: Ten Years In

Benesch on

Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more

WilmerHale

FTC Announces Groundbreaking Action Against Rite Aid for Unfair Use of AI

WilmerHale on

On December 19, 2023, the Federal Trade Commission (FTC) announced an enforcement action against  the retail pharmacy Rite Aid for unfair practices associated with its use of a facial recognition technology (FRT) surveillance...more

Cozen O'Connor

AG Tong Takes a Hit at Sellers of Illegal, High-THC Marijuana Products

Cozen O'Connor on

Connecticut AG William Tong filed enforcement actions against three cannabis wholesalers and four cannabis retailers operating in the state, alleging that they are unlawfully selling potent, high-THC cannabis products, in...more

Troutman Pepper Locke

Washington AG Ordered to Pay $4.3M in Attorney’s Fees and Costs to Thrift Store Chain

Troutman Pepper Locke on

On October 17, following Washington Attorney General (AG) Bob Ferguson’s unsuccessful consumer protection action against thrift store chain, Savers Value Village Inc. (Savers), the Washington Superior Court of King County...more

Williams Mullen

North Carolina Considering ABC Bills During 2023 Legislative Session

Williams Mullen on

Updated April 26, 2023 to add the new ABC Law Omnibus Bill, HB 870.   The North Carolina General Assembly is considering several alcohol bills this session which, if enacted, would modernize North Carolina ABC laws. The...more

Sheppard Mullin Richter & Hampton LLP

FTC Increases Scrutiny of Negative Option Marketing

Retailers and service providers should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions,...more

69 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide