The Federal Trade Commission’s Dot Com Disclosure guidelines, first issued in 2000 and updated in March 2013, have explained how to make consumer disclaimers on various digital platforms. The FTC has just announced that it is seeking to modernize the guidelines and its press release says it all – FTC Looks to Modernize Its Guidance…
Matthew Schaefer, our friend from Maine, returns to CLBR to discuss the recent Supreme Court’s decision in South Dakota v Wayfair that reversed a prior ruling that effectively prevented online sales taxes for out of state merchants. Matthew was co-counsel in the Wayfair case. LISTEN VIA THESE CHANNELS WMR iTunes Podbay Spreaker Stitcher…
Effective July 1, 2018, California updated its law regulating the use of automatic renewals for the purchase of goods or services. (Cal. Business & Professions Code §§ 17600 et seq.) Existing law requires that businesses obtain a consumer’s affirmative consent to automatic renewals but only after disclosing the terms of the offer in a clear and conspicuous…
For over a generation, two Supreme Court decisions that essential predate the internet age has set a bright line rule that a state may not tax out of state retailers without a physical presence in the state. National Bellas Hess, Inc. v. Department of Revenue of Ill., 386 U. S. 753 (1967); Quill Corp. v. North…
Robert Sikoryak and His Comic Terms and Conditions Note: Our interview with Stan Stahl has been postponed due to a death of a colleague. Instead, we will be airing our previously recorded but not yet aired discussion with Robert Sikoryak. Listen Live or Download Here We continue our Miami Book Fair author series by airing…
Time and again, someone pulls a prank getting consumers to agree to outrageous things that are included in the terms and conditions and without fail consumers rush to claim the benefit without reading the terms. 2010 – Gamestation In 2010, UK video game e-tailer Gamestation changed its terms and conditions to add the language below as…
A fascinating New York Times article and video explain how China’s walled-gardens like WeChat could be the future of the Internet for the west. But its not just the New York Times, in June Bloomberg wrote about Life in the People’s Republic of WeChat and this week’s Economist has a feature WeChat’s world: China’s WeChat shows the way…
DOC Releases Digital Valedictory The Department of Commerce has released a report “Enabling Growth and Innovation in the Digital Economy,” which it describes as a chronicle of the Commerce Department’s efforts in support of the digital economy over the course of the Obama Administration in areas of a free and open internet, privacy and intellectual property. The report…
California Rejects Browsewrap Arbitration Clause In Long v Provide Commerce, Inc., the California Court of Appeal refused to compel arbitration based on a browsewrap agreement the consumer had no knowledge of. It was not in dispute that the consumer did not have actual knowledge of the terms, so the question then was whether the terms…
Recent Decisions – Consumers Bound By Web Agreements Where They Had Notice In August, the Ninth Circuit affirmed the denial of a Barnes & Noble’s motion to compel arbitration per the website’s user agreement, when the agreement was strictly a “browse-wrap agreement” and there was no evidence users were on notice of the agreement. We…
CYBER MONDAY SAFETY AND DEALS Below are Infographics from the National Cyber Security Alliance on online safety, followed by links to selected Cyber Monday guides. Have a smart and safe Cyber Monday. See also Better Business Bureau Cyber Monday Tips CYBER MONDAY DEALS Melt your credit card with all the best Cyber Monday deals in one…
Overstock Hit With $6.42 Million Fine From California Court Over Boosted Comparison Pricing In 2010, six Northern California County District Attorneys filed suit against Overstock for fraudulent price comparisons in Alameda County Superior Court. In one example cited in the lawsuit, Overstock advertised a patio set for sale for $449.99 and claimed that the “List…
KLEARGEAR.COM THE NEW WARD THOMAS FRANKLIN UNIVERSITY HONOREE Think of WTF University as the fictitious online equivalent to Animal House’s Faber College (whose motto was “Knowledge is Good”), specializing in the study of self-inflicted cyber wounds. (“SICWs”) Over the past few years we have seen some remarkable SICWs such as: Charles Carreon who in 2011…
Reports: Online Pharmacies Operating Illegally, Widespread Use of Counterfeits A study by the National Association of Boards of Pharmacy has found that 97 percent of online pharmacies were “found to be operating out of compliance with state and federal laws and/or NABP patient safety and pharmacy practice standards.” This includes selling prescription drugs without a prescription…
Cyber Report 