eCommerce
Electronic commerce, also known as eCommerce, refers to the purchase and sale of products or services online. Electronic commerce law addresses such issues as compliance with applicable Internet and technology legal regulatory requirements.
Browsewrap Arbitration Provision Found Unenforceable
A California federal court recently held in Rushing v. Viacom, Inc. that an arbitration provision in Viacom’s End User License Agreement was unenforceable because users could access the gaming application without having to click on a link to the EULA. The court rejected Viacom’s argument that the user had actual or constructive notice of the…
Read Article...More Challenges to FTC’s Data Security Authority
In 2017, in a matter that has been highly-publicized for its potential impact upon data security-related liability, the Federal Trade Commission initiated legal action against D-Link for the latter’s alleged failure to implement reasonable precautions to secure its routers and Internet-protocol cameras from. The court dismissed a number of the FTC’s causes of action, including…
Read Article...Recent State Attorney General Activity
New York AG Pursues Online Ticket Resale Companies According to the New York Attorney General, TicketNetwork and Ticket Galaxy deceived New York consumers into purchasing non-existent tickets at inflated prices. According to the OAG, New York consumer placed more than 96,000 orders through speculative ticket programs between 2012 and 2018. The Complaint can be seen,…
Read Article...New York City (NYC) Department of Consumer Affairs (DCA) Defense Lawyer on Towing Operator Investigations
New York City Department of Consumer Affairs Lawyer Has your towing company received investigation correspondence with a request for documents from the New York City Department of Consumer Affairs? Such investigations often arise out of consumer complaints. An experienced NYC DCA defense lawyer can assist with the preparation of a deliberate response designed to achieve…
Read Article...FTC Obtains Court Order Against Skincare Marketers
The Federal Trade Commission has announced that two remaining defendants from a group of California-based marketers have been permanently barred from the alleged deceptive marketing and billing tactics they utilized in connection with selling skincare products with purported “risk-free” trials. The original complaint was filed in June 2015 against seven individuals and fifteen companies, and…
Read Article...SCOTUS Rules States Can Compel Online Retailers to Collect Sales Tax
On June 21, 2018 in the matter of South Dakota v .Wayfair et al., the U.S. Supreme Court overruled a ruling from 1992 that permitted online retailers to avoid sales tax collection responsibilities if they did not have a physical presence within a state. In short, SCOTUS opined that the physical presence rule was flawed.…
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