Legal

Where the Song-Beverly Credit Card Act Meets Internet Pixel Litigation
June 10, 2024 at 6:18 pm

Retailers have had to contend with California’s Song-Beverly Credit Card Act since 1971. Among other things, this law set limits on what information retailers can and cannot collect at the point of sale. A 2011 decision by the California Supreme Court saw a wave of class action lawsuits against retailers in the early part of…

Walmart, Capital One End Consumer Credit Card Agreement
May 28, 2024 at 6:30 pm

Capital One Financial will no longer be the exclusive issuer of Walmart-branded credit cards, the companies said on Friday, as they scrapped their agreement following disputes, reports Reuters. The world's largest retailer had accused Capital One of being too slow in updating transactions in cardholders' accounts and failing to promptly replace lost cards. Walmart partnered…

Is the New York Fashion Sustainability and Social Accountability Act Gaining Steam?
May 23, 2024 at 3:51 pm

The New York Fashion Sustainability and Social Accountability Act (Fashion Act) is back on the agenda of the New York State Legislature. Introduced in 2022, and then reintroduced in 2023, the bill seeks to level the playing field among fashion companies by requiring improved due diligence on both environmental and human rights issues. The Fashion…

The New York Fashion Workers Act Slowly Progressing Forward
May 20, 2024 at 6:45 pm

As a means to regulate modeling and creative agencies and provide basic labor protections to the creative workforce behind the fashion industry — models, influencers, artists, and stylists — the New York Fashion Workers Act (FWA) was introduced by Senator Brad Hoylman-Sigal and Assembly Member Karines Reyes in March 2022. Recently, legislators in New York…

Affirmative Action One Year Later: What Retailers Need to Know
May 20, 2024 at 6:24 pm

We're quickly approaching the one-year anniversary of the U.S. Supreme Court’s decision striking down affirmative action in higher education. Although Students for Fair Admissions v. Harvard University and Students for Fair Admissions v. University of North Carolina (Harvard/UNC decision) did not squarely apply to the private sector, corporations have been swept into a nationwide conflict…

NRF Rejects Shein Membership as Retailer Pursues US IPO
May 14, 2024 at 5:40 pm

Shein has attempted to become a member of the National Retail Federation (NRF), the industry’s largest trade association, numerous times but has been rejected, reports CNBC. It’s unclear why the NRF rejected Shein’s membership application, but according to one of the people familiar, someone with sway is strongly against the company’s admittance. The NRF hasn’t totally…

Win Customers, Avoid Lawsuits: Minimizing Reference Price Litigation Risk
May 14, 2024 at 12:28 pm

False reference price and deceptive pricing class actions are a growing concern for retailers, with lawsuits multiplying faster than ever. Broadly speaking, these lawsuits allege that retailers that routinely offer items at sale prices or that run regular “limited time” offers are engaging in deceptive advertising. The lawsuits allege the purpose of overfrequent sales is…

The FTC Increases Scrutiny of Made in USA Claims
May 14, 2024 at 9:56 am

Over the past few years, the Federal Trade Commission (FTC) has dramatically intensified its scrutiny of companies’ claims, on labelling and in advertising, that their products are “Made in the USA.” The FTC has launched numerous investigations to uncover potentially deceptive trade practices, asserting that untruthful claims impede businesses, mislead customers, and burden small business…

What Small Business Owners Aren’t Considering (But Need to!) When it Comes to Generative AI
May 8, 2024 at 6:40 pm

Small business owners increasingly use advanced generative artificial intelligence tools to enhance digital marketing strategies and maintain a competitive edge. iStock’s VisualGPS research reveals that 42 percent of SMBs and SMEs already leverage AI-generated content to strengthen their online presence, highlighting a growing recognition of AI's potential for e-commerce success. Learning about the data that…

rue21 Files for Bankruptcy, to Close All of its Stores
May 6, 2024 at 1:21 pm

rue21, a mainstay of malls across America, has filed for chapter 11 bankruptcy protection and will close all of its stores. In a filing last week with U.S. Bankruptcy Court in the District of Delaware, rue21 said it will close its roughly 540 stores over the next two months and hold going-out-of-business sales. It will…