The Bottom Line As the barrage of TCCWNA-related class actions continues, courts are beginning to rein in the scope and applicability of New Jersey’s consumer protection statute. Claims by consumers who allege technical violations without any separate, identifiable harm may finally begin to Continue Reading
New York City Human Rights Law Amended to Ban Employers From Requesting Job Applicant Salary History
The Bottom Line While New York City’s law could potentially face legal challenge by business groups before October 31, 2017, employers are advised to review their hiring practices and identify where salary history is being requested. Employers may need to modify employment applications, Continue Reading
Amazon, FTC Withdraw Appeal of Decision Holding Amazon Liable for Billing Parents for Children’s Unauthorized In-App Charges
The Bottom Line The district court's decision, no longer subject to appeal, is a clear statement that the unauthorized billing of parents for in-app purchases made by their children without informed parental consent violates the FTC Act. This case serves as a reminder that companies need to ensure Continue Reading
FTC Tells Influencers to Disclose Connections on Social Media
The Bottom Line The FTC’s letters to influencers and marketers highlight the importance of ensuring that "material connections" between influencers and marketers are "clearly and conspicuously" disclosed. Marketers should review their social media marketing policies because failure to comply could Continue Reading
Suit Challenges Jos. A. Bank Clothiers’ “Up to” Percent Off Advertising
The Bottom Line The class action lawsuit against Jos. A. Bank should serve as a reminder to advertisers to carefully consider state laws when advertising "up to" discounts or price ranges. Furthermore, this shows how class actions are serving in a very real capacity to replace regulatory actions. Continue Reading
Enforcing Restrictive Covenants Against Employees Discharged Without Cause
The Bottom Line A bright-line rule that an employer may not enforce restrictive covenants against an employee terminated without cause appears to be re-emerging in New York. But there are potential strategies for employers to secure enforceable post-employment restrictions against an involuntarily Continue Reading
NAD Decision on Challenge to Wegmans’ In-Store Point of Sale Displays Offers Guidance on Grocery Store Price Advertising
The Bottom Line Although the NAD refused to disrupt precedent allowing grocery stores to update their comparative prices on a weekly basis, it left open the possibility that this standard could change upon evidence that retailers check prices more frequently. Retailers should, in all cases, ensure Continue Reading
Trump Affirms Congress’s Repeal of the FCC’s Broadband Privacy Rules
The Bottom Line Last fall, the FCC and FTC both hailed the FCC privacy rules. After the change in administrations, the FCC and FTC both agreed to rescind such rules. Therefore, it remains to be seen how privacy and data security will be regulated going forward. Companies in all industries should Continue Reading
New Rights For New York City Freelancers Effective May 15, 2017
The Bottom Line New York City employers should: (a) review and update template independent contractor agreements to ensure they comply with FIFA; (b) engage with counsel before taking action that could be perceived as retaliatory with regard to a freelancer; and (c) respond in a timely manner to Continue Reading
New Federal Law Protects Consumer Reviews of Products and Services
The Bottom Line Companies that utilize form contracts, including online terms and conditions, to try to prevent consumers from posting negative reviews about its products, services or conduct, should review their contracts immediately to ensure that they are in compliance with the new law and Continue Reading