Matt Rabinowitz

Latest Articles

The gift card saga in New Jersey looks like it has finally wrapped up with Governor Chris Christie tying a bow on the proceedings by signing NJ S-2235, eliminating data collection requirements for sellers of qualifying gift cards and gift certificates.  Those who have followed this story may recall that back in 2010 New Jersey passed a new gift card law, which made a number of changes including shortening the abandonment period and requiring…
A recent California state court held that Overstock.com, Inc. (“Overstock”) must pay the price for its allegedly deceptive pricing practices.  Seven district attorneys throughout California brought a complaint against Overstock in 2010, alleging five separate violations of state law.  The focus of these claims was that Overstock allegedly made false and misleading statements in reference to the “advertised reference price” (“ARP”) that appeared on its website.  Specifically, the attorneys general stated that Overstock was deceiving…
Remember when George Bush was lambasted for supposedly not knowing what a price scanner was?  Scanners now are ubiquitous.  But are you one of those people that watch as your items are scanned to make sure the price is accurate?  If not, maybe after reading this blog you will be. Missouri Attorney General Koster recently sued a drug store chain alleging the company has been engaged in several unlawful practices that violate Missouri’s Merchandising Practices
In a move that could well alter the fabric of the textile industry, the FTC is proposing changes to its Textile Labeling Rules.  The rules implement the Textile Fiber Products Identification Act, which taken together, require marketers to attach a label to each covered product disclosing certain fiber and manufacturer information. In November 2011, the FTC sought public comment on the Rules as part of its regular review of all current FTC rules…
On Thursday, the White House announced it intends to designate Edith Ramirez as the new chair of the Federal Trade Commission (FTC).  Ramirez, a current FTC commissioner, was a fellow Harvard Law School classmate of President Obama, and served as the Obama campaign’s Latino outreach director in California.  She was an associate at Gibson Dunn & Crutcher LLP and a Los Angeles-based partner at Quinn Emanuel Urquhart & Sullivan LLP before being appointed a FTC…
Though the holiday gift-giving battle between Apple’s iPad and Amazon’s Kindle may have quieted recently, the ongoing legal war between the two technology giants continues. Last week, Amazon.com Inc. scored an opening round victory when a California federal judge granted its motion for partial summary judgment, dismissing Apple’s false advertising claim against the online retailer. Amazon launched its “Appstore” in March 2011 to offer downloads for use on the Android smartphone platform. Apple brought suit…
How much is a “lifetime’s supply” of gumballs?  According to a recent sweepstakes from Gumball.com, the answer is exactly 22,082.5 gumballs. Promotions like this, where entrants can win a lifetime supply of a particular product, made us stop and think about what these winners actually receive.  As with any sweepstakes or contest, companies must disclose certain information about the nature of the prize being offered.  Advertisements must be accompanied by a disclaimer defining exactly…