On October 18, 2022, the New York State Department of Financial Services announced that EyeMed Vision Care LLC agreed to a $4.5 million settlement for violations of the Cybersecurity Regulation that contributed to the exposure of hundreds of thousands of consumers’ health data in connection with a cybersecurity event in 2020.
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Retailers Have No Room to Manipulate Reviews: FTC and States Sue Rental Listing Platform Roomster for Bogus Listings
The Federal Trade Commission and six states have filed suit against Roomster Corp. and two corporate executives, accusing the residential rental listing platform of using fake reviews and unverified listings to generate tens of millions of dollars in business. According to the complaint, these practices often occur at the expense of vulnerable customers who rely on Roomster to find safe low-cost housing within expensive housing markets.
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New York City Lifts Rules Governing Auctions
As part of a broader regulatory roll-back intended to stimulate business and economic activity post-pandemic, the New York City Counsel repealed regulations affecting the auction industry. Generally, the repeal’s effect is to remove rules that regulate the conduct of auctioneers and auction houses, including licensing and disclosure requirements.
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Fitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern Practices
On February 14, 2022, Noom Inc., a popular weight loss and fitness app, agreed to pay $56 million, and provide an additional $6 million in subscription credits to settle a putative class action in New York federal court. The class is seeking conditional certification and has urged the court to preliminarily approve the settlement.
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Scary Halloween Stories: Fight Against Robocalls Is Coming for Telemarketing Text Messages
Retailers, beware! The new wave in the fight against “robocalls” is coming, and it’s targeting telemarketing text messages. In the past six months, we have seen an uptick in activity at both the state and federal level to rein in telemarketing text messages, and companies using any kind of text messaging telemarketing will want to proceed with caution.
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Mind The Gap
Two recent cases involving The Gap, Inc. may serve as warnings to commercial tenants offering COVID-19 as an excuse for breaking their leases.
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New York to Commence Enforcement of Plastic Carryout Bag Ban
On October 19, 2020, the New York State Department of Environmental Conservation will begin enforcing the state’s ban on single-use carryout plastic bags.
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New York Implements “Pink Tax” Ban
On October 1, 2020, New York state implemented a ban on businesses charging a “pink tax” for their products or services. The new law prohibits any individual or entity, including retailers, suppliers, manufacturers or distributors, from charging a different price for two “substantially similar” goods or services based on the gender for whom the goods or services are marketed.
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Federal Court Strikes Down Portions of Department of Labor’s Final Rule on COVID-19 Leave, Expands Coverage
On August 3, 2020, the United States District Court for the Southern District of New York struck down portions of the DOL’s Final Rule regarding who qualifies for COVID-19 emergency paid sick leave under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, collectively referred to as the Families First Coronavirus Response Act.
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Recall Roundup: March 2020
The COVID-19 pandemic has changed most aspects of the economy. The world of consumer products is no exception to this trend.
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