Eyes On Ecom Law

  • 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- 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 -
  • 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- 14 readers -
  • Proposition 65: Big Changes for Direct Marketers

    …: (A) Is a “person in the course of doing business” under Section 25249.11(b) of the Act, and (B) Has designated an agent for service of process in California, or has a place of business in California.” Proposition 65: Next Steps At you should contact your suppliers to make sure they are getting ready for the new Proposition 65 requirements…

    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…

    Brann & Isaacson- 17 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?

    …. Since then, the FTC has promulgated rules for labeling of adult content, for determining the primary purpose of an email message, and clarifying terminology used in the law. THE FTC’S QUESTIONS ABOUT CAN-SPAM Now, however, the FTC is using its rulemaking authority to ask a number of questions that suggest that the agency is poised for a major…

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

    … this previously ignored requirement had been met. Spokeo: Where Is the Concrete Injury? Many heralded the Supreme Court’s decision as an important victory for companies beset by lawsuits over actions that resulted in little or no harm to anyone. On remand, the Ninth Circuit, however, managed a detour, taking upon itself to explore the question…

    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

    … on Former Prices The FTC has long-established guidelines on former pricing. The FTC requires that a former price must be an “actual, bona fide price at which the article was offered to the public on a regular basis for a reasonably substantial period of time.” Barred are “fictitious” former prices–“for example, where an artificial, inflated price…

    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 -
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