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Retailers Websites

UB Greensfelder LLP

ADA Website Accessibility Lawsuits on the Rise: What Businesses and Restaurants Need to Know

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Businesses across the United States, particularly restaurants and retailers, are facing a sharp increase in lawsuits alleging violations of the Americans with Disabilities Act (ADA) due to inaccessible websites and mobile...more

CDF Labor Law LLP

Todd Snyder Agrees to Pay $345,178 Fine to The CPPA and Other Equitable Relief

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Last month, the Enforcement Division of the California Privacy Protection Agency (“the Privacy Police”) and Todd Snyder, Inc. (“Snyder”) resolved the investigation into Snyder’s website’s opt-out methods from November 1, 2023...more

Robinson+Cole Data Privacy + Security Insider

Todd Snyder Fined for Technical CCPA Violations

The California Consumer Privacy Protection Agency (CPPA) Board issued a stipulated final order against Todd Snyder, Inc., a clothing retailer based in New York, requiring the company to pay a $345,178 fine and update its...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

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In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more

Nutter McClennen & Fish LLP

BJ’s Wholesale Club Loses Bid to Dismiss Complaint Alleging Massachusetts State Law Claims for Wiretap Violations and Invasion of...

Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...more

Hudson Cook, LLP

Online Chat Features and California's Two-Party Consent Rule for Recording Conversations

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If you've been on the Web lately (and we all have), you've probably seen a site with a chat feature. Consumers in several cases have attempted to use those chat features as a basis for liability under a California privacy...more

Sheppard Mullin Richter & Hampton LLP

Website Accessibility Litigation Continues to be Costly and There is No Easy Fix

Retailers continue to be targeted by website accessibility lawsuits. Unfortunately, the legal landscape remains unpredictable and it varies greatly based on what jurisdiction a retailer is sued in. There remains no easy fix...more

Venable LLP

The National Advertising Division Recommends That Pier 1 Modify Subscription Disclosures

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Last month, the National Advertising Division of BBB National Programs reviewed Pier 1’s subscription rewards program and recommended that the company provide clearer disclosures of the automatic renewal program. The...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

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

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

​​​​​​​On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil...more

Bass, Berry & Sims PLC

Privacy Peril:Chatty Cathy

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We are all increasingly familiar with, and probably increasingly frustrated by, the use of chatbots to attempt to solve some problem we are having with a company, often delivery of a purchased item. The “virtual agent” (not...more

McAfee & Taft

DOJ issues web accessibility guidance, but falls short of setting specific standards

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For several years, plaintiffs’ law firms have been hammering businesses with website accessibility lawsuits, arguing that all places of public accommodation, including online retailers and hospitality businesses, must have...more

Womble Bond Dickinson

[Webinar] Accessibility Outside the Box - June 8th, 12:00 pm - 1:00 pm EDT

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Waves of recent Americans with Disabilities Act litigation have shone the spotlight on the accessibility of everything from websites to gift cards. This has led some businesses to think more creatively about how they can both...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Retailer's Website Does Not Have to Comply With the ADA

Over the past several years, plaintiffs lawyers have started a cottage industry that threatens and/or sues businesses on a class action basis using a named disabled person who alleges that he or she was unable to access the...more

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

Eleventh Circuit Holds Websites Not Places of Public Accommodation Under ADA, Rejects ‘Nexus’ Standard

On April 7, 2021, the Eleventh Circuit Court of Appeals rendered its long-awaited opinion in Gil v. Winn-Dixie Stores, Inc., reversing a trial court’s decision against Winn-Dixie, holding that websites are not places of...more

BCLP

Website Accessibility Alert: Eleventh Circuit Court of Appeals Issues Important Split Decision in Winn-Dixie Website Action

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Businesses with an online presence should take note that the United States Court of Appeals for the Eleventh Circuit has held - in a split decision - that websites are not places of public accommodation under Title III of the...more

Holland & Knight LLP

A New Wave of Class Action Lawsuits is Targeting Online Customer Tracking

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Plaintiffs' firms routinely attempt to assert old laws in new ways. One of the latest trends is the use of federal and state anti-wiretap laws as a vehicle to sue software developers and businesses for the use of ubiquitous...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

Do retailers that sell personal information comply with the requirement to post a “Do Not Sell My Personal Information” link?

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Yes. 99% of the retailers that state that they sell personal information are posting a “Do Not Sell My Personal Information” link on their homepage or in their privacy notices....more

BCLP

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

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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

Akin Gump Strauss Hauer & Feld LLP

When Fast Fashion Slows Online Orders: Lessons Learned From $9.3 Million FTC Settlement

- On April 21, 2020 the FTC announced a record settlement of $9.3 million with an online retailer in an action brought under the “Mail Order Rule.” - The Mail Order Rule, which applies to online purchases, requires...more

BCLP

What percentage of United States retailers configure their cookie notice to respond differently to visitors with European IP...

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5% There are two situations in which the GDPR purports to apply extraterritorially to companies that have no contact to the European Union. The first situation, described in Article 3(2)(a) of the GDPR, occurs when a...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

Seyfarth Shaw LLP

ADA TITLE III Litigation: A 2019 Review And Hot Trends For 2020

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Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more

Gray Reed

Amazon Packages Bursting into Open Fires, Jack Frost Nipping at Your Nose…

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On December 26, Marty and Dave McFly were playing video games when, downstairs in the living room, the hoverboard that Marty had received for Christmas ignited. The fire quickly engulfed the Christmas tree and spread...more

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