The Bottom Line The Supreme Court’s Wayfair decision confirmed that states may collect sales tax on internet sales between consumers and retailers who don’t have a physical presence in the state.In anticipation of a flurry of related legislation, online retailers, marketing affiliates and all Continue Reading
Legal Risks Abound as the World Cup Kicks Into Gear
The Bottom Line Although Russia's World Cup Law is not enforceable in the United States — and we cannot advise on marketing activities conducted in Russia — FIFA has made clear that it views ambush marketing in whatever form as unlawful and infringing on its intellectual property rights. Continue Reading
California Has a New Privacy Law. It Could Have Been Much Worse
The Bottom Line The Act becomes operative on January 1, 2020. In the meantime, the Attorney General will issue more detailed regulations.Nevertheless, companies doing business in California that collect consumers’ personal information — online or otherwise — should begin considering how to comply Continue Reading
New York Appellate Court Enforces Lease Provision Waiving Commercial Tenants’ Right to Seek Yellowstone Injunction, Strengthening Landlords’ Right to Evict
The Bottom Line Commercial tenants entering into new leases should review draft agreements carefully for explicit waivers of the right to seek Yellowstone relief and less obvious waivers of that right that are drafted more vaguely, such as provisions that:waive a tenant's right to seek Continue Reading
New York Courts Reaffirm That They Will Not Consider Extrinsic Evidence When Interpreting Unambiguous Contracts
The Bottom Line While parties to a contract may develop an understanding of their agreement based on discussions during contract negotiations, under New York law, a court should not consider evidence of that understanding if the ultimate agreement is unambiguous.As reaffirmed by the recent Continue Reading
“Dialing It Back?” Federal Courts Weigh in on “Autodialers” After Appeals Court Strikes Down FCC Interpretation of TCPA
The Bottom Line In the aftermath of the DC Circuit's ruling striking down the FCC's interpretations of what constitutes an ATDS under the TCPA, ambiguity abounds. While the Herrick ruling represents a very positive development for marketers and their agencies, the Reyes ruling demonstrates that Continue Reading
Vermont Enacts First U.S. Law Governing Data Brokers
The Bottom Line The Vermont data broker registration requirement commences on January 1, 2019, giving data brokers subject to the law some time to become familiar with its requirements and to begin compliance efforts. After years of talking about data brokers, the first law in the nation to broadly Continue Reading
All Bets Are Off (or On): SCOTUS Strikes Down Federal Ban on Sports Betting
The Bottom Line The Supreme Court held 6-3 that federal law prohibiting states from enacting sports betting schemes was an unconstitutional "commandeering" of state law issues by the federal government. In striking down the prohibition, the Court paved the way for states to decide for themselves Continue Reading
New Jersey Supreme Court Rejects No-Harm TCCWNA Claims, Dealing Blow to Consumer Class Actions Under the Act
The Bottom Line The New Jersey Supreme Court's recent holding is expected to eliminate no-harm class actions under the TCCWNA. Violations of the statute, unaccompanied by any injury to the consumer, will no longer be sufficient to support a claim. The need for class action plaintiffs to prove Continue Reading
Federal Appeals Court Strikes Down Key Parts of the FCC’s TCPA Order
The Bottom Line The court's decision sends the FCC back to the drawing board, providing the marketing industry with an opportunity to offer input as the FCC reconsiders its interpretation of the TCPA. Indeed, a coalition led by the U.S. Chamber of Commerce has petitioned the FCC to craft a narrow Continue Reading