Kelley Drye & Warren LLP’s Post

For years, retailers have braced and prepared for the next wave of litigation under California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly). While activity under Song-Beverly and the 14 other states with similar laws has been largely dormant for several years, it seems the next wave of litigation is here. This time, the lawsuits focus on the collection of IP addresses in connection with online credit card transactions. Song-Beverly was originally designed to limit the collection of personal information on the paper credit card transaction form. Plaintiffs’ attorneys now seek to extend that law to apply to online transactions and discrete pieces of information. Read our Client Alert here: https://ow.ly/YVZG50T3p68

With lawsuits centered around IP address collection, it’s crucial to stay informed. Online retailers: what steps are you taking to protect your business from potential litigation?

This #SmallBusinessWeek, we recognize the important role #smallbusinesses play in the #retail industry. However, amidst this celebration, a looming threat hangs over Main Street as Congress considers the American Privacy Rights Act. Learn how small businesses would be vulnerable to "drive-by" lawsuits and predatory litigation in my latest blog post. https://lnkd.in/gpmMkcTV

Curious about the latest legal risk associated with online tracking technologies? Check out this post by Kiran Jeevanjee and Wyrick Robbins addressing how plaintiffs are using a #privacy law older than anyone on our whole team (even me!) to seek a pay day over fairly standard tech.

Excited to share our fifteenth post covering the state of data privacy litigation in the U.S. For updates from June, Dustin Taylor and I highlight: 1️⃣ Several rulings that decline to follow the Ninth Circuit’s Shopify decision and deny motions to dismiss for lack of personal jurisdiction. 2️⃣ How courts are deciding whether the party exception applies in session replay lawsuits and what facts are necessary to survive a motion to dismiss. 3️⃣ Three VPPA decisions that either granted, denied, or deferred motions to dismiss, showing that although new VPPA cases may have decreased, courts are still allowing these claims to proceed. 4️⃣ A VPPA class action settlement that illustrates just how costly these claims can be if they survive the pleading stage. Read the post for our full analysis on these and other important updates. A special shoutout to Elizabeth Ignowski, MS who was a huge help in putting together this month's post.

Temu is facing a class action lawsuit in the United States over allegations of sending unsolicited text messages to consumers. The lawsuit was filed after multiple consumers reported receiving these spam messages, even after they had opted out or were on the National Do Not Call Registry. This lawsuit is part of a broader trend of legal challenges against companies that are accused of violating telemarketing laws, reflecting growing consumer frustration with unwanted and intrusive marketing practices. While the lawsuit is based in the U.S. and references violations of the Telephone Consumer Protection Act, if Temu were found to have engaged in similar practices with EU residents, it could potentially face significant penalties under GDPR. How do you feel about companies sending spam messages? Do you think they intentionally violate regulations? Share your thoughts!

Dear #eCommerce Colleagues, Recently, many of you have encountered #cipa notices and claims. We understand the complexities and the urgency to address these matters efficiently. This is equivalent to the 1970' wiretapping law ("please note your phone call is recorded") -- aka applies to all 3P software on your site. Whether you're a current Blotout customer or not, we're here to offer guidance. Our team is ready to provide friendly advice, assist in navigating these challenges, and, if necessary, engage in discussions with your legal representatives. We acknowledge the rigorous stance of legal teams and the paramount importance of consumer rights and transparency. However, it's crucial to #balance legal compliance without jeopardizing your business operations. To those in #California bypassing consent notices, be aware of the rapid changes in regulations. Especially for businesses with substantial GMV, it's essential to stay proactive to avoid potential legal repercussions. Feel free to direct message me and we can help. We're here to support your journey through these complex legal landscapes. https://lnkd.in/gBM2ZEkr credit source: GoodWin Law cc: Ben Pashman

Greetings everyone !! I'm thrilled to announce the publication of my latest blog titled "Scammed Online? Your UK Legal Rights When Shopping Goes Wrong" on Law Times Journal. In this insightful post, I delve into the intricacies of UK consumer rights in the digital age, exploring legal protections, landmark case laws, and essential tips to combat online scams. Read the blog here : https://lnkd.in/g-WPmbzj #ConsumerRights #OnlineShopping #UKLaw #FraudProtection

So proud of my husband Harrison Brown for being recognized by Best Lawyers for his work in Mass Tort Litigation / Class Actions – Defendants! Harrison represents #ecommerce brands facing consumer class-action lawsuits pertaining to privacy litigation and other issues, including: - Wiretapping, pixels, tracking beacons, analytics, and chat on websites - ADA and accessibility - Telemarketing - Automatic subscription renewals and recurring billing  - False advertising - Mass arbitration If you’re an e-commerce brand who needs assistance with any of these matters, comment with a ✋ below i’d be happy to make an intro.