Legal

Wal-Mart Sued by Disabled Over Hard-to-Reach Payment Machines
July 26, 2012

A federal lawsuit against Wal-Mart was filed on Wednesday by disability rights advocates claiming that payment machines are inaccessible to California customers in wheelchairs and on scooters. Although the group admits that most retailers place point-of-sale terminals out of reach of disabled customers, it readily admits it's targeting Wal-Mart because “they are the biggest retailer in the world … They should be able to do it right,” said Arlene Mayerson, directing attorney at the Disability Rights Education & Defense Fund. 

Wal-Mart Opposes Interchange Suit Settlement
July 25, 2012

Wal-Mart announced it's opposed to the proposed settlement of a civil antitrust lawsuit against Visa, MasterCard and their card-issuing banks. “Wal-Mart, along with a growing number of consumer groups and merchants, is disappointed in the proposed credit card interchange fee settlement,” the company said in a statement. “The proposed settlement would not structurally change the broken market or prohibit credit card networks from continually increasing hidden swipe fees, which already cost consumers tens of billions of dollars each year.”

E-Commerce Plays a Role in the Colorado Shooting
July 25, 2012

Unhindered by federal background checks or government oversight, the 24-year-old man accused of killing a dozen people inside a Colorado movie theater was able to build what police called a 6,000-round arsenal legally and easily over the internet, exploiting what critics call a virtual absence of any laws regulating ammunition sales. With a few keystrokes, the suspect, James E. Holmes, ordered 3,000 rounds of handgun ammunition, 3,000 rounds for an assault rifle and 350 shells for a 12-gauge shotgun — an amount of firepower that costs roughly $3,000 at the online sites in the four months before the shooting.

DMA Launches Coalition to Lobby Congress on E-Commerce Taxes
July 24, 2012

The Direct Marketing Association (DMA) has formed a new group, the True Simplification of Taxation Coalition, which will lobby Congress regarding taxes of online purchases. Other members of the new coalition include the American Catalog Mailers Association, Electronic Retailers Association and NetChoice. Congress currently is considering three different bills — the Main Street Fairness Act, Marketplace Fairness Act and Marketplace Equity Act — which would authorize states to require online retailers to collect sales tax. Absent federal authorization, states arguably violate the constitution by attempting to require out-of-state companies to tax consumers. 

J.C. Penney Sells Real Estate Stake in Simon, Unveils In-Store Shops
July 24, 2012

J.C. Penney said Monday it's raised $248 million and taken its first step toward shedding noncore assets by selling off part of its stake in a Simon Property Group unit. Following the transaction, the real estate unit for Penney — JCP Realty — will hold about 205,000 limited partnership units in Simon’s operating partnership. Also on Monday, J.C. Penney CEO Ron Johnson unveiled a trio of in-store shops, slated to open at 683 J.C. Penney stores across the United States starting on Aug. 1. The three in-store concepts all feature denim offerings. 

Wal-Mart Pushes Web Sales Tax as Washington Clout Grows
July 23, 2012

In its struggle against surging online retailers such as Amazon.com, Wal-Mart has unleashed a weapon long shunned by Sam Walton: lobbying. On July 24, the U.S. House of Representatives Judiciary Committee will hold a hearing on a bill to let states collect sales tax from out-of-state merchants that sell to their residents. If passed, online retailers, which now mostly don't collect sales tax, will lose a price advantage that's helped them take business from brick-and-mortar stores.

Lawsuit Claims Race Bias at Wet Seal
July 16, 2012

Three former managers at Wet Seal, a nationwide apparel retailer for young women, filed a federal race discrimination lawsuit last week, asserting that the company had a high-level policy of firing and denying pay increases and promotions to African-American employees because they didn't fit its "brand image."

Macy's Wins Temporary Block Against Martha Stewart's J.C. Penney Deal
July 16, 2012

A state judge on Friday temporarily blocked plans by Martha Stewart Living Omnimedia to sell certain branded products at J.C. Penney stores. The preliminary injunction was a win for Macy's, which has sued Martha Stewart Living claiming it has exclusive rights to sell certain Martha Stewart products including soft furnishings, dinnerware and cookware.

Visa, MasterCard to Pay $6 Billion to Settle Retailers’ Lawsuit
July 16, 2012

Visa and MasterCard agreed to pay retailers $6 billion to settle a price-fixing lawsuit that alleged they overcharged companies billions of dollars in credit card transaction fees. The agreement is believed to be the largest settlement ever of a private antitrust case, according to lawyers for 7 million American merchants who sued the card companies in 2005. The total value of the agreement is $7.25 billion, counting a temporary reduction in card fees.