Eyes On Ecom Law

    • 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- 17 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- 11 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

    … pricing, including cases involving former pricing claims, which I address here. The threat is real and the consequences potentially extreme. Such cases present a greater than usual risk because they seek recovery under both federal and California law. Not surprisingly, California law is different and creates a very real trap for the unwary. Federal Law…

    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- 7 readers -
  • Tennessee Chancery Court Enjoins Enforcement of New Sales Tax Collection Rule

    … In response to a petition filed by George Isaacson and Matthew Schaefer on behalf of the American Catalog Mailers Association and NetChoice, the Tennessee Chancery Court has suspended enforcement of a Tennessee Department of Revenue rule that would have required out–of–state retailers without a physical presence in Tennessee to collect and remit…

    Brann & Isaacson- 8 readers -
  • Matt Schaefer Speaks About DMA v. Brohl, State Notice and Reporting Laws at COST Sales Tax Conference

    … notice and reporting laws, examined through the issues raised in Direct Marketing Association v. Brohl—the long-running litigation over the Colorado use tax notice and reporting law enacted in 2010—in which Schaefer served as co-counsel to the DMA. Schaefer was joined in delivering the presentation by Clark Calhoun of Alston & Bird, along with moderator Fred Nicely of COST. The post Matt Schaefer Speaks About DMA v. Brohl, State Notice and Reporting Laws at COST Sales Tax Conference appeared first on Brann & Isaacson. …

    Matthew Schaefer/ Brann & Isaacson- 12 readers -
  • Unclaimed Property Dispute in Supreme Court May Impact Retailers

    … We have written previously about various issues relating to state unclaimed property (here, here, and here). This term, the Supreme Court is set to decide a case that may have a significant impact on companies’ obligations under these laws. As background, unclaimed property law has its roots in the doctrine of “escheat,” a term dating back…

    Brann & Isaacson- 9 readers -
  • State Tax Notes Runs Cover Feature On Private Tax Enforcement

    … An article by partners David Bertoni and David Swetnam–Burland, “Barbarians at the Gates: Private State Tax Enforcement,” is the cover feature in the November 21, 2016, issue of State Tax Notes (subscription required). In the article, Bertoni and Swetnam–Burland detail the rise in litigation over state tax obligations brought by private parties…

    Brann & Isaacson- 1 readers -
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