Tag Archives: Online Retailer

Recall Roundup: September

Last month, the solar eclipse captivated the United States and many consumers flocked to purchase solar eclipse glasses to safely observe the astronomical phenomenon. We previously reported how NASA issued a safety alert advising consumers on the proper eye protection they should seek. Now, some consumers have filed a class action lawsuit against a major online … Continue Reading

Shopping Center Restrictions Should Be Revisited in the Wake of Changing Retail

It’s probably painfully obvious to companies in the retail industry and beyond that the old paradigm of the retail shopping center is being permanently altered by e-commerce, as well as changing consumer preferences. As the old-guard stalwarts of retail begin to shutter stores or fold completely, it is up to both landlords and existing anchor … Continue Reading

An Unwelcome Delivery: Excessive S&H Fee Claims in Consumer Class Actions

Over the past few months, a new trend has emerged that has ramifications for virtually every participant in the online retail space: a rise in the number of class action claims challenging allegedly excessive shipping and handling fees. Regardless whether an online retailer offers flat or incremental fees, standard and expedited options, or free shipping with returns-only fees, few are immune from claims that the fees charged do not align perfectly with retailers’ underlying shipping costs. … Continue Reading

Why Retail Developers and Tenants Should Reconsider the Use of Detailed REAs

Recently, the Fourth Circuit affirmed a jury award in favor of retailer Lord & Taylor for lost profits in connection with a breach of its reciprocal easement agreement with D.C.-area mall owner White Flint, LP. The court found White Flint’s efforts to redevelop the regional mall into a mixed-use project violated the terms of the REA, which can often be an obstacle to redevelopment plans. … Continue Reading

Retailers Await New Drone Regulations Amid Trump Administration Regulation Freeze

Retailers are exploring how to use drones to quickly deliver online orders to customers. In June 2016, the FAA issued a final rule permitting flights by commercial drones under certain conditions. While the rule was a welcome step forward for the commercial drone industry, the operational restrictions prohibited drones to fly over any populated areas due to safety concerns, essentially forbidding commercial drones in most urban areas.… Continue Reading

TCCWNA Updates

TCCWNA case law has continued to develop with no end in sight. Recently, courts have grappled with definitional questions that could impact the scope of the law and affect sellers of consumer goods and services.… Continue Reading

NFC Chips: The Simplest Form of Smart Packaging

As retailers continue to look for new and innovative ways to maintain communication and "touch points" with their customers, many are looking to technology-infused or "smart" packaging and advertising materials. There are many ways to drive customer interaction and web traffic through smart packaging and advertising materials, including through the use of hyperlinks, quick response codes and near field communication chips. … Continue Reading

Latest TCCWNA Class Action Could Transform Seller/Consumer Relationship

The tidal wave of New Jersey Truth-in-Consumer Contract, Warranty and Notice Act claims just swept up a novel argument: a class complaint against Facebook, Inc. argues that the popular social media site’s terms of use is subject to TCCWNA because Facebook profits from users’ personal information and intellectual property.… Continue Reading

FTC Continues Crackdown on Misleading Online Reviews

FTC misleading reviewsFor many consumers, online reviews play a role in the decision to make any purchase. In a market where a negative online review can influence potential buyers, companies have a strong incentive to maintain a positive reputation online. However, in a desire to separate themselves from the competition with strong reviews, some companies have taken the race for positive online reviews too far, and the Federal Trade Commission is watching. … Continue Reading

The New Wave of Consumer Class Action Targeting Retailers: What is the TCCWNA?

TCCWNA. The very acronym evokes head scratches and sighs of angst and frustration among many in the retail industry. The New Jersey Truth-in-Consumer Contract Warranty and Notice Act was passed in 1981 to protect consumers from allegedly deceptive practices in consumer contracts, warranties, notices and signs. Continue reading for an in-depth view of the TCCWNA and what retailers can do to minimize risk. … Continue Reading
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