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Legislation, Regulation Posts
No More Bait and Switch: Subscription-Based Businesses Need to Refine Their Pitch Under California Law
Jul 13, 2018
No More Bait and Switch: Subscription-Based Businesses Need to Refine Their Pitch Under California Law
Effective July 1, companies that offer free gift or trial periods for their products or services can no longer bill California consumers automatically at the expiration of the gift or trial period. Companies will be required to provide a “clear and conspicuous” explanation of the price that will be charged—or how the pricing will change—at…
The California Consumer Privacy Act: The Who, What, When, Why…and How.
Jul 10, 2018
The California Consumer Privacy Act: The Who, What, When, Why…and How.
Make room Europe: California is taking on the data privacy challenge. For the last year or so, the privacy world has been abuzz with how to implement the E.U.’s General Data Protection Regulation. The buzz died down once GDPR went into effect in late May. But no rest for the weary. A little over a…
Supreme Court Rules Online Businesses Now Subject to Sales Tax
Jun 21, 2018
Supreme Court Rules Online Businesses Now Subject to Sales Tax
In a ruling announced today, the Supreme Court held that online businesses can be subjected to sales tax even in states where they do not have any brick-and-mortar operations. The case, South Dakota v. Wayfair, Inc., overturns longstanding precedent requiring “physical presence” to subject a seller to state sales tax, representing a big change for…
Congress Saves Consumer Arbitration
Oct 25, 2017
Congress Saves Consumer Arbitration
In July 2017, the Bureau of Consumer Financial Protection (“CPFB”) announced a new rule broadly barring arbitration provisions in a wide swath of consumer contracts. See 12 CFR part 1040. To go into effect next Spring, the final rule would have prohibited providers of certain consumer financial products and services from using an agreement with…
A Giant Demanding Piece of … Restrictiveness: Do you need to pay attention to the coming GDPR?
Aug 28, 2017
A Giant Demanding Piece of … Restrictiveness: Do you need to pay attention to the coming GDPR?
GDPR. If you see those letters and think it is an acronym for Gosh Darned Pain in the Rear (or an edgier equivalent) you are in large-part correct. But if you don’t know any more than that, and you are a company with any ties to Europe, then you need to read further. GDPR, the…
You Can’t Handle the Truth! … in Consumer Contract, Warranty and Notice Act
Oct 27, 2016
You Can’t Handle the Truth! … in Consumer Contract, Warranty and Notice Act
As Halloween has people thinking of ghosts and ghouls, creative plaintiffs’ attorneys have turned an arcane New Jersey law into a true source of fright for virtually anybody who offers services that are even potentially available within the Garden State. The law at issue is the New Jersey Truth in Consumer Contract, Warranty, and Notice…
The Blacklisting Rules Are Coming: What Federal Contractors Need to Know
Oct 13, 2016
The Blacklisting Rules Are Coming: What Federal Contractors Need to Know
The Federal Acquisition Regulation final rule implementing the “Fair Play and Safe Workplaces” Executive Order 13673 was issued on August 25, 2016, and the rule goes into effect on October 25, 2016. This new regulation presents a significant change – and potential challenge – for major government contractors. President Obama signed Executive Order 13673, often…
Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions
Mar 31, 2016
Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions
Since the Federal Arbitration Act (FAA) of 1925, the United States has had a policy preference for arbitration, even when an arbitration provision includes language barring class action litigation. We saw this most recently in December 2015 when the Supreme Court reversed a decision by a California Court of Appeal to invalidate a class-arbitration waiver…
To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions
Mar 21, 2016
To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions
The Office of the Inspector General, which enforces Health and Human Services, has long been averse to referral services that don’t meet certain criteria. To get protection against a possible enforcement action, the referral service can’t exclude anyone from participating in the service, and payments for referrals have to be reasonable and cannot be tied…
CFPB No-Action Letters Are No Help
Mar 1, 2016
CFPB No-Action Letters Are No Help
In the age of handheld banking apps, private funds transfer systems, and digital currencies, ensuring that new products are fair to consumers and compliant with existing – and sometime archaic – regulations are difficult tasks. The Bureau of Consumer Financial Protection (“CFPB”) recently finalized a new policy for providing “no-action letters” (“NALs”) to companies seeking…
