Eyes On Ecom Law

    • Proposition 65: Big Changes for Direct Marketers

      Most of you have seen those little stickers that warn you that a product contains a chemical determined by the State of California to create a risk of cancer, birth defects, or reproductive harm. Well, starting next summer, you’ll be required put those warnings in your catalogs and on your websites near every affected product.

      Brann & Isaacson- 18 readers -
    • Crutchfield Files Court Challenge To Massachusetts “Economic Nexus” Regulation

      On October 24, 2017, Crutchfield Corporation filed suit in the Circuit Court for Albemarle County, Virginia, against officials in the Massachusetts Department of Revenue, challenging the validity of Massachusetts’ new “economic nexus” regulation. Crutchfield, represented by George Isaacson, Martin Eisenstein, and Matthew Schaefer, asserts that the new rule violates the Commerc ...

      Brann & Isaacson- 15 readers -
    • Proposition 65: Big Changes for Direct Marketers

      Starting next summer, you’ll be required put Proposition 65 warnings in your catalogs and on your websites near every affected product. Big changes are coming to Proposition 65, and you need to be ready for them. Proposition 65: Background As a vendor or a consumer, no matter where you live, you’ve not doubt seen Proposition 65 warning stickers.

      Brann & Isaacson- 13 readers -
  • Class Actions: What Might Be On Your Horizon as a Direct Marketer?

    … of a customer’s credit card number or expiration date on his or her receipt? Federal law prohibits disclosing more than five digits of a consumer’s credit card number, or the month or year (or both) of the expiration date. Class action attorneys are currently on the lookout of potential plaintiffs. There are also state privacy laws that may impose even more…

    Brann & Isaacson- 11 readers -
  • Crutchfield Files Court Challenge To Massachusetts “Economic Nexus” Regulation

    … On October 24, 2017, Crutchfield Corporation filed suit in the Circuit Court for Albemarle County, Virginia, against officials in the Massachusetts Department of Revenue, challenging the validity of Massachusetts’ new “economic nexus” regulation. Crutchfield, represented by George Isaacson, Martin Eisenstein, and Matthew Schaefer, asserts…

    Brann & Isaacson- 6 readers -
  • Class Actions: What Might Be On Your Horizon as a Direct Marketer?

    … Companies who have faced class action lawsuits, even (and maybe especially) frivolous ones, won’t soon forget the experience. Just getting a case dismissed, or fending off class certification in the first place, can be extraordinarily costly and stressful. The amounts at stake are often huge–with potential downsides of “per violation” penalties…

    Brann & Isaacson- 16 readers -
  • CAN-SPAM: Is the FTC Poised For Major Changes?

    … The FTC has asked interested parties to address a wide variety of questions concerning its CAN-SPAM rules, including whether the rule provides any benefits to consumers. Where might this lead? HISTORY OF CAN-SPAM RULES The Controlling the Assault of Non-Solicited Pornography and Marketing Act (or “CAN-SPAM”) went into effect on January 1, 2004…

    Brann & Isaacson- 18 readers -
  • Spokeo Speaks — Again

    … In Robins v. Spokeo, Inc., a case that made its way up to the U.S. Supreme Court and back again, the U.S. Court of Appeals for Ninth Circuit has allowed a case to go forward on the slenderest thread of alleged “harm,” despite the U.S. Supreme Court’s admonition that a concrete injury must alleged. Spokeo: Background Spokeo publishes online…

    Brann & Isaacson- 12 readers -
  • Alabama Court Cancels Alabama Use Tax Assessment Against Scholastic Book Clubs

    … In an order issued on August 18, 2017, the Circuit Court of Montgomery County, Alabama canceled an assessment of use tax issued against Scholastic Book Clubs, concluding that Scholastic, represented by partner David Bertoni, lacked sufficient contacts with Alabama to be required to collect and remit tax. The court found that the activities…

    Brann & Isaacson- 17 readers -
  • Former Prices: The Latest Class Action Trap In Sales Promotions

    … traction in one court or another, and then the floodgates open. A good example of this occurred in the aftermath of the Supreme Court of California’s decision in Pineda v. Williams-Sonoma Stores, Inc., as I’ve discussed in previous blog posts here and here. Now, we’re seeing growing influx of class action lawsuits arising out of discount and sales…

    Brann & Isaacson- 12 readers -
  • George Isaacson Testifies Before House Judiciary Committee

    … On July 25, 2017, Senior Partner George Isaacson gave testimony to the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee in Washington, DC. His subject was state regulatory overreach and its negative impact on American business and consumers. In his testimony, available here, Isaacson addressed…

    David Swetnam Burland/ Brann & Isaacson- 9 readers -
  • Tennessee Chancery Court Enjoins Enforcement of New Sales Tax Collection Rule

    … will protect businesses throughout the country from being forced to contend with the many complex and confusing features of Tennessee tax law.” Isaacson went on to urge Tennessee and other states to “work cooperatively with catalog companies and electronic merchants to reform America’s sales tax system, which currently consists of more than 10,000…

    Brann & Isaacson- 8 readers -
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