Our retail clients are increasingly deploying cloud services solutions to realize cost savings, gain efficiency and enable scalability across numerous functions. However, while the benefits and popularity of cloud services are clear, cloud solutions are not without risks and challenges.
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Terms and Conditions
FTC Continues Crackdown on Misleading Online Marketing Tactics
Posted in Advertising & Marketing, Consumer Protection
On August 7, 2017, the FTC announced that it obtained a court order temporarily halting an online marketing scheme that deceptively lured shoppers into expensive negative option plans. The FTC alleged that defendants used initial low-cost trial offers to hook consumers into expensive monthly shipments without properly disclosing the terms and conditions of the deal or properly obtaining their consent.
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TCCWNA Updates
By Emily K. Bolles & Ryan P. Phair on
Posted in Advertising & Marketing, Consumer Protection
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.
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New Law in a TCCWNA Terms and Conditions Case
By Emily K. Bolles & Ryan P. Phair on
Posted in Class Action, Consumer Protection
The first blow to the recent expansive application of the New Jersey TCCWNA was struck by a federal court in California last month. In Candelario v. Rip Curl, Inc., the Central District of California granted a motion to dismiss a complaint alleging a TCCWNA violation of website terms and conditions because the plaintiff lacked Article III standing. …
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Consumer Protection in Retail: Weekly Roundup
By Phyllis H. Marcus & Matthew W. Modell on
This week, a number of consumer and regulatory actions made headlines that affect the retail industry. Continue reading for our weekly roundup.
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Latest TCCWNA Class Action Could Transform Seller/Consumer Relationship
By Emily K. Bolles on
Posted in Class Action, Consumer Protection
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.
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The New Wave of Consumer Class Action Targeting Retailers: What is the TCCWNA?
By Ryan P. Phair on
Posted in Class Action, Consumer Protection
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. …
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